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ARTICLE · 22 JUNE 2022

Case Note: Vuong v Insurance Australia Ltd t/as NRMA [2022] NSWPICMP 55

Summary of recent case which decided whether claimant had an active psychiatric disorder for the purposes of the MAI Act.

AustraliaLitigation, Mediation & Arbitration

Review Panel: Principal Member Harris and Medical Assessors Dr Tom Newlyn and Dr Michael Hong

Important Takeaways:

  • The panel found that the Claimant's mother's cancer diagnosis, although unrelated to the subject accident, had not "severed the chain of causation and the subject MVA remains a significant causal factor in her current psychological injury".

Facts

The subject accident in Vuong v Insurance Australia Ltd t/as NRMA [2022] NSWPICMP 55 was a rear end collision that took place on 10 September 2019. At first instance, Medical Assessor Jones concluded that the Claimant did not have an active psychiatric disorder for the purposes of the Motor Accident Injuries Act 2017.

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