Consequential surgery is not "an injury" in the absence of harm

In Brief

• A Claimant is not entitled to ongoing statutory benefits or common law damages if their only injuries are threshold injuries as defined by section 1.6 of the Motor Accident Injuries Act 2017 (MAIA).
• Physiological changes caused by consequential surgery cannot constitute an "injury", as defined by section 1.4 of MAIA, in the absence of some detriment to the Claimant.

Facts

The Personal Injury Commission (PIC) published its decision in Allianz Australia Insurance Limited v Mandoukos [2025] NSWPICMP 844 on 14 November 2025.

On 8 January 2019, the Claimant swerved to avoid a motor vehicle which made a turn in front of his vehicle and collided with a light post.