ARTICLE · 08 NOVEMBER 2024

Threshold Injuries – the Importance of Clinical Expertise

McCabes

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Radiological findings may be incidental – and unrelated to an accident – particularly for claimants above a certain age.

AustraliaLitigation, Mediation & Arbitration

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In Brief

Radiological findings may be incidental – and unrelated to an accident – particularly for claimants above a certain age.
The absence of immediate complaints of pain following an accident may indicate that an acute injury was not caused by the accident.

Facts

On 1 November 2024, the Personal Injury Commission published its decision in Mourtada v Allianz Australia Insurance Limited [2024] NSWPICMP 726.

The Claimant was rear ended in a motor accident on 3 November 2022. He alleged sustaining injuries to his cervical spine, lumbar spine, left shoulder, right shoulder and right knee.

At first instance, the PIC Medical Assessor determined the Claimant only sustained threshold injuries.

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