ARTICLE · 12 APRIL 2017

Reconsidering Post-Traumatic Stress Disorder (PTSD) as a bodily injury

Colin Biggers & Paisley

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Medical evidence was necessary to show actual physical damage to brain to satisfy the definition of a "bodily injury".

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IN BRIEF - MEDICAL EVIDENCE NECESSARY TO SHOW ACTUAL PHYSICAL DAMAGE TO BRAIN TO SATISFY "BODILY INJURY" IN PEL-AIR APPEAL

The New South Wales Court of Appeal decision in Pel-Air Aviation Pty Ltd v Casey [2017] NSWCA 32 denies plaintiffs suffering from a PTSD condition a claim under the Montreal Convention in the absence of compelling evidence of physical change to the brain.

PEL-AIR'S SUCCESSFUL APPEAL IS GOOD NEWS FOR AVIATION INSURERS

On 24 June 2015, we reported on the decision of Casey v Pel Air Aviation in our article entitled Post-traumatic stress disorder (PTSD) leads to compensation following aviation accident, and indicated that the damages award was a landmark decision for aviation insurers when a substantial award of damages was handed down.

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