Is the question of causation a "one size fits all?"

In brief

• The question of causation must be considered by a Medical Assessor or Review Panel when assessing whole person impairment.
• A Review Panel or Medical Assessor is not bound by the decision of another Assessor on a different statutory question.
• A Review Panel must conduct its own "fresh assessment" and form its own opinion on the medical assessment matter before it.
• The duty to afford procedural fairness does not impose an obligation on a Medical Assessor or Review Panel to put the Claimant on notice that an adverse decision will be made against them.

Background

The Supreme Court handed down its decision in Wood v Insurance Australia Group Limited trading as NRMA Insurance [2025] NSWSC 320 on 4 April 2025.