ARTICLE · 17 FEBRUARY 2026

Spinal nerve root injury? Show me the (radicular) signs!

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Provisions relating to physical threshold injuries must be read together.

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In Brief

Clause 4(1) of the Motor Accident Injuries Regulation 2017 (MAIR) provides that a spinal nerve root injury, manifesting in neurological signs, is still a soft tissue injury unless those neurological signs constitute radiculopathy.
Clause 5.8 of the Motor Accident Guidelines (MAGs)provides that an injured person must demonstrate at least two of the five recognised signs of radiculopathy.
If an injured person demonstrates only one sign of radiculopathy, clause 5.8 of the MAGs is not satisfied, and their injury will be deemed a threshold injury.

Facts

The Personal Injury Commission (PIC) published its decision in Morrison v QBE Insurance (Australia) Limited [2026] NSWPICMP 79 on 13 February 2026.

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