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ARTICLE · 12 FEBRUARY 2025

Does damage to a previously inserted plate and screw constitute a non-threshold injury?

McCabes
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Recent case illustrates how iterations of a legislative scheme – conducted over many decades – might lead to unintended consequences.

AustraliaLitigation, Mediation & Arbitration
Helen Huang
Helen Huang
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In Brief

  • A Claimant is only entitled to ongoing statutory benefits and common law damages if they suffer a non-threshold injury.
  • The definition of "injury" in s 1.4 of the Motor Accident Injuries Act 2017 (MAIA) includes injury to "artificial members...and other aids".
  • Damage to plates and screws already affixed to a bone prior to a motor accident may constitute a non-threshold injury because the damage to the hardware is an "injury" pursuant to the definition in s 1.4 but not an injury to "soft tissue" as defined by s 1.6(2).

Facts

The Personal Injury Commission (PIC) published its decision in Tasseli v Insurance Australia LimitQed t/as NRMA Insurance [2025] NSWPICMP 49 on 7 February 2025.

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