Important takeaways from the decision in David v Allianz Australia Insurance Ltd [2021] NSWPICMP 227:

• Radiculopathy does not need to be present at the time of the Assessment.  It is sufficient that radiculopathy is confirmed as per Section 5.8 of the Guidelines at any time following the accident.
   
• Annular tears will not be attributed to an accident merely because there is no history of back pain or pre-existing pathology.

Important takeaways from the decision in Lynch v AAI Limited t/as AAMI [2022] NSWPICMP 6:

• A diagnosis of an Adjustment Disorder cannot be made if the stress related disturbance meets the criteria for another mental disorder. 
• A psychiatric diagnosis in remission may be found to be a non-minor injury.
• The Claimant bears the onus of establishing that their injury is a non-minor injury.

Carbon monoxide (CO) is an odourless, colourless gas produced by combustion of hydrocarbon fuels. The toxic fume takes the place of oxygen in the blood, leading to headaches, drowsiness, irritability, reduced judgment and motor skills, convulsions, coma and death.

Between 2011 and 2016 there were 15 deaths attributed to gas and solid fuel appliances in Australia, and in the 12 months between 2018-2019 there were 256 hospitalisations due to accidental poisoning from Carbon monoxide.

Concerningly, Carbon monoxide poisoning is becoming increasingly common. A recent study has found that Carbon monoxide contributed to the death of 28 people between 2006-2018, when drivers unintentionally filled their homes with toxic fumes by leaving their keyless cars parked and running in their garages.

Carbon monoxide is particularly deadly in confined spaces such as cars, boats and caravans.

We are pleased to invite readers to join Holman Webb's Insurance Group for our upcoming webinar: 'Understanding minor/non-minor injuries and key concepts for disputes'.

Presented by CTP Insurance Partner Stephanie Davis and taking place on Thursday 16 June 2022, this webinar will provide an overview of how the Motor Accident Injuries Act 2017, Motor Accident Injuries Regulation 2017 and the Motor Accidents Guidelines work together to define minor injuries and the procedure for assessment of Minor Injury Disputes.

The webinar will also focus on some of the recent Review Panel Decisions on Minor Injury Disputes. It will provide valuable insight into how the PIC has addressed these Disputes, making it easier to determine whether an injured person has sustained minor or non-minor injuries for the purpose of your liability decisions. 

Holman Webb is pleased to announce that eight lawyers have been included in the 2023 Edition of The Best Lawyers in Australia, and Best Lawyers: Ones to Watch in Australia.

The NSW Government has recently proposed the State Insurance and Care Legislation Amendment Bill 2022.

The Bill proposes to extend certain regulatory, investigative and enforcement powers of the State Insurance Regulatory Authority to oversee and control iCare, self‑insurers and claims agents appointed pursuant to the workers compensation legislation.

If passed, the Bill will heighten the need for iCare, self-insurers, and claims agents to ensure compliance with the regulatory licensing requirements, and to ensure that where a breach occurs, steps are taken to:

• rectify the breach;
• give an appropriate undertaking; and to
• ensure that no further breaches occur.

The proposed amendments were made in line with the McDougall review recommendations with the goal of improving outcomes for all stakeholders

On 24 February 2022 the Supreme Court issued a decision in the matter of Jarvis v Allianz Insurance Ltd [2022] NSWSC 161.

This matter involved an Application for Judicial Review of the Medical Review Panel’s determination that the psychiatric injuries sustained by the Plaintiff did not give rise to a greater than 10% Whole Person Impairment.

Insurance Partner Stephanie Davis takes a look at the decision in this matter.

On 7 March 2022 the Court of Appeal issued a decision in the matter of Insurance Australia Ltd v Marsh [2022] NSWCA 31.

This matter involved an Appeal to a successful Application for Judicial Review.

Insurance Partner Stephanie Davis takes a look at the decision in this matter.

Congratulations to Associate Funda Karabacak, who has been listed in Australasian Lawyer's Rising Stars 2022 list!  

Presented by Partner and National Insurance Group Leader John Van de Poll on Wednesday 23 February 2022, this webinar examined a range of significant cases from 2021.

Discussion topics ncluded:

• Credit Hire
  Arsalan v Rixon [2021] HCA 4
   
• COVID-19 Business Interruption Test Cases
  Swiss Re International Se v LCA Marrickville Pty Limited (Second COVID-19 insurance test cases) [2021] FCA 1206
   
• s.54 and Failure to Notify Avant
  Insurance Limited v Burnie [2021] NSWCA 272
  Darshn v Avant Insurance Limited [2021] FCA 706
   
• Professional Services Exclusion
  Liberty Mutual Insurance Company, Australia Branch v SunWater Ltd [2021] NSWSC 1582

This seminar will be highly-relevant to claims staff and managers, regulatory/compliance and risk teams, in addition to internal counsel.