In brief - A review of some recent unsuccessful appeals
of Medical Panel Determinations
Medical Panels have the unenviable task of assessing a
plaintiff's injuries and determining whether a plaintiff's
degree of impairment resulting from those injuries satisfies the
threshold level in accordance with
section 28LZG of the
Wrongs Act 1958 (Vic). Medical Panels use the American
Medical Association's Guides to the Evaluation of Permanent
Impairment (4th Edition) (AMA Guides) to assess impairment.
Recently, there has been an increase in appeals of Medical Panel
Determinations by plaintiffs in circumstances where they are found
to meet the threshold level of more than 5% for physical injuries
(other than spinal injuries) or, 5% or more for spinal
injuries.
