ARTICLE · 26 SEPTEMBER 2024

I injured my back and needed surgery! Do I have an above-threshold injury?

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The Medical Review Panel concluded the Claimant's injuries were threshold injuries.

AustraliaLitigation, Mediation & Arbitration

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In Brief

If a Claimant's injuries are only threshold injuries, they are not entitled to claim either statutory benefits beyond 52 weeks, or common law damages.
An `injury' is established where the motor accident is a necessary condition of the continuum of harm or disturbance suffered by the Claimant.
Surgery can, depending on the circumstances, fall within the continuum of harm caused by the accident.

Facts

On 9 August 2024, the Personal Injury Commission (PIC) published its decision in Kennedy v Allianz Australia Insurance Limited [2024] NSWPICMP 498.

The Claimant was involved in a motor vehicle accident on 11 July 2019. He alleges sustaining injuries to his cervical spine and lumbar spine which required discectomy surgery.

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