Mandoukos Sidestepped? Review Panel Selects own Psychiatric Diagnosis

In Brief

• The ambit of a threshold psychological injury dispute is whether the Claimant suffered a psychological injury as a result of the accident and, if so, whether that injury was a threshold injury.
• It is the role of the Medical Assessor / Review Panel to decide whether the accident caused a recognised psychiatric illness by reference to DSM-V.
• The Medical Assessor / Review Panel is not restricted to the list of psychiatric diagnoses provided by the parties.

Facts

The Personal Injury Commission (PIC) published its decision in Insurance Australia Limited t/as NRMA Insurance v Kavakci [2025] NSWPICMP 227 on 11 April 2025.

The Claimant was injured in a motor accident on 21 October 2022.