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Case Note: Simon v QBE Insurance (Australia) Limited [2022] NSWPICMP 216

Important takeaway from the decision in Simon v QBE Insurance (Australia) Limited [2022] NSWPICMP 216:

  • Neurological symptoms must correspond with pathology identified on radiological imaging.

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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