Event and Time
Event Description
- On 14 August 2016, Mr. Welsh's mother was injured in a motor vehicle accident in Coonamble and subsequently died from her injuries.
- Mr. Welsh seeks damages from NRMA (the third-party insurer) for psychological injuries resulting from the accident.
Application and Claims
- Mr. Welsh claims that he suffered nervous shock as a result of the accident and his mother's death.
- NRMA contends that Mr. Welsh is precluded from claiming damages for non-economic loss due to section 131 of the Motor Accidents Compensation (MAC) Act, which requires that permanent impairment exceed 10%.
- The degree of Mr. Welsh's permanent impairment was assessed by Dr. Robert Gertler, who concluded that Mr. Welsh sustained a 21% whole person impairment due to the accident.
Judicial Decisions
1. Extension of time for Mr. Welsh to file proceedings for judicial review. 2. Setting aside Dr. Gertler's certificate. 3. Referring the matter back to a medical assessor for further determination. 4. Setting aside the decision of the Proper Officer of the Authority. 5. Ordering NRMA to pay Mr. Welsh’s costs.
Dispute Points and Legal Basis
Dispute Points
- Mr. Welsh's Claims:
- Asserts psychological injury linked directly to his mother's injuries and death. - Alleges compliance with the necessary provisions for claiming damages.
- NRMA's Defense:
- Contends that Mr. Welsh is barred from claiming damages for non-economic loss as per section 131 of MAC Act (impairment threshold not met). - Questions the validity of the medical assessment and contends that the Proper Officer was correct in dismissing the review application based on a lack of reasonable suspicion of error.
- Medical Assessment: