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ARTICLE · 21 MAY 2025

Torn – Is a disc herniation a non-threshold injury even without radiculopathy?

McCabes
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Recent decision demonstrates an injury to a spinal disc can be a non-threshold injury.

AustraliaLitigation, Mediation & Arbitration
Helen Huang
Helen Huang
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In Brief

  • Section 1.6(2) of the Motor Accident Injuries Act 2017 (MAIA) provides that "a complete or partial rupture of tendons, ligaments, menisci or cartilage" is not a soft tissue injury and is, therefore, not a threshold injury.
  • A disc herniation can be a non-threshold injury because it involves tearing of cartilage given that the intervertebral discs are cartilaginous structures..

Facts

The Personal Injury Commission (PIC) published its decision in Farsad v QBE Insurance (Australia) Limited [2025] NSWPICMP 311 on 16 May 2025.

The Claimant was involved in a motor accident on 27 July 2023 and alleged multiple injuries, including to her lumbar spine.

The matter proceeded to the Commission for a threshold injury dispute.

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