Tackling the battleground of causation: Primary versus secondary diagnoses

Zilic v QBE Insurance (Australia) Ltd [2025] NSWSC 11

In Brief

• Both a Medical Assessor and Medical Review Panel must determine what is the 'precise battle ground between the parties' and must adequately deal with that battle ground when providing its reasoning.
• A Medical Assessor and Medical Review Panel is not limited to identifying only a primary diagnosis. Consideration must also be given to secondary diagnoses that may have been caused by the accident, even if they are not the primary diagnoses.
• Written submissions should clearly identify and articulate all issues in dispute which form the 'battle ground' between the parties to ensure those issues are brought to the attention of an Assessor or Panel prior to the assessment.