Review Panel Finds Aggravated Radiculopathy Is A Non-Threshold Injury

In Brief

• Pursuant to clause 4(1) of the Motor Accident Injuries Regulation 2017, an injury to a spinal nerve root that manifests in radiculopathy is a non-threshold injury.
• Increased or new signs of radiculopathy suggests a new injury causing compression of the spinal nerve root or additional compression of an already compressed spinal nerve root.
• Increased or new signs of radiculopathy are sufficient to demonstrate a non-threshold injury.

Facts

The decision in AAI Limited t/as GIO v Lee [2026] NSWPICMP 422 was delivered on 17 June 2026 and published on 2 July 2026.

The Claimant was involved in a motor accident on 9 April 2024. He proceeded to make a claim for statutory benefits. A dispute arose, however, over whether the Claimant only sustained threshold injuries.