ARTICLE · 20 AUGUST 2025

Can injury sustained during consequential treatment be a "non-threshold" injury?

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A shoulder injury from treatment was linked to the motor accident as a non-threshold injury, but higher court clarity is needed.

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In Brief

At Common Law, injury sustained during the application of reasonable and necessary treatment may have been caused by the motor accident unless the treatment is grossly negligent.
A right shoulder injury sustained as a consequence of a fall caused by leg weakness following a cortisone injection was, therefore, caused by the accident.
The Court of Appeal has previously doubted, however, whether injury sustained during consequential treatment is an "injury" for the purpose of section 1.4 of the Motor Accident Injuries Act 2017 (MAIA) – see Mandoukos v Allianz Australia Insurance Limited [2024] NSWCA 71.

Facts

The Personal Injury Commission (PIC) published its decision in Allianz Australia Insurance Limited v Miles (No 3) [2025] NSWPICMP 565 on 15 August 2025.

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