Background
The NSW Supreme Court handed down its Decision in McKee v Allianz Australia Insurance Limited on 4 October 2007.
The Plaintiff was involved in a motor accident on 9 June 2002 and received injuries to both knees, his left shoulder and his spleen.
The Plaintiff was referred to MAS and Dr Long found 9% WPI. Importantly, Dr Long allowed 0% WPI for the injury to the Plaintiff’s abdomen and spleen.
A Review Application was lodged by the Plaintiff’s Solicitors. They argued that Dr Long should have allowed 3% WPI for the Plaintiff’s post-traumatic splenectomy. The Proper Officer arranged for the Review Application to be referred to a Review Panel.
Whilst the Review Panel agreed that 3% WPI should have been allowed for the Plaintiff’s spleen injury, the Panel found that Dr Long was wrong to allow 8% WPI for the Plaintiff’s left knee injury. Rather, the Panel found that 6% WPI should have been allowed for the knee.
