Personal Injury Case Note: GIO Insurance (Australia) Ltd v Taouk [2021] NSWPICMP 193

Review Panel: Principal Member John Harris, Dr Richard Crane and Dr Shane Moloney

Important takeaways:

• Where the examination findings of the initial Assessor are not in dispute, a physical re-examination of the Claimant is not necessary, and is consistent with the objects of the PIC to "resolve the real issues in proceedings justly, quickly, cost effectively and with as little formality as possible" (see Section 3(c) of the Personal Injury Commission Act 2020).
• Although not determinative of causation, a lack of contemporaneous records of an injury will be a relevant factor, particularly if the contemporaneous records are detailed and are suggestive of "precision in questioning and recording".