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Case Note: Muradi v QBE Insurance (Australia) Ltd [2022] NSWPICMP 59

Important takeaways from the decision in Muradi v QBE Insurance (Australia) Ltd [2022] NSWPICMP 59:

  • The Review Panel had regard to various studies addressing annular tears and determined that although the accident could have caused an annular tear, it did not cause the Claimant’s annular tear.
     
  • The Review Panel considered that the Claimant’s symptoms were more likely attributable to damage to other musculoskeletal structures and psychological distress, than the annular tears.

Case Note: David v Allianz Australia Insurance Ltd [2021] NSWPICMP 227

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.

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