Defining the scope of a threshold psychiatric dispute

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 Allianz Australia Insurance Limited v Meilak [2025] NSWPICMP 980 on 16 January 2026.

The Claimant was injured in a motor accident on 2 June 2023. His vehicle was stationary when the Insured ran into the rear of his vehicle. The Claimant alleged injuries to his neck and lower back, together with a psychiatric injury.