In this week's episode, Homira Haideri and Helen Huang discuss the Personal Injury Commission Rules and in particular, part 4 of the rules, relating to documents.
Division 4.1 – forms and documents
Division 4.2 – amendment of documents
Division 4.4 – service of documents

#110 – Documentation in the Personal Injury Commission

The NSW State Government has introduced a Bill to amend aspects of the Motor Accident Injuries Act 2017 (and the Workers Compensation legislation). In this episode, Peter Hunt discusses how the Bill addresses the criticism of Part 5 of MAIA levelled in AAI v Singh.

You can read more on this topic here:
https://www.parliament.nsw.gov.au/bill/files/3871/First%20Print.pdf
https://mccabecurwood.com.au/no-fault-means-no-ones-fault/

# 118 - Amendments Proposed to MAIA No-Fault Provisions

In this episode, Helen Huang and Rihab Abdul-Rahman, discuss the impact of section 3.35 of the Motor Accident Injuries Act 2017 and section 151A(5) of Workers Compensation Act 1987 on liability in respect to ongoing treatment and care after a claim for common law damages has resolved.

Relevant case law and legislation
Section 3.35 of the Motor Accident Injuries Act 2017 Motor Accident Injuries Act 2017 No 10 - NSW Legislation - https://legislation.nsw.gov.au/view/html/inforce/current/act-2017-010#sec.3.35
Section 151A(5) of Workers Compensation Act 1987 Workers Compensation Act 1987 No 70 - NSW Legislation - https://legislation.nsw.gov.au/view/html/inforce/current/act-1987-070#sec.151A

# 120 - After the Common Law claim resolves; liability for treatment and care

In this episode, Helen Huang and Katherine Teague, discuss the implications of not lodging a damages dispute within the specified time limit and how to progress a damages claim to the Personal Injury Commission if it is not yet ready for assessment.

Relevant case law and legislation:
- Rule 94(1)(b) of the Personal Injury Commission Rules 2021 - https://legislation.nsw.gov.au/view/html/inforce/current/sl-2021-0034#sec.94
- Rule 101 of Personal Injury Commission Rules - https://legislation.nsw.gov.au/view/html/inforce/current/sl-2021-0034#sec.101
- Procedural Direction MA1 - https://pi.nsw.gov.au/resources/procedural-directions/procedural-direction-ma1-stood-over-proceedings
- Section 7.32(1) of the MAI Act - https://legislation.nsw.gov.au/view/html/inforce/current/act-2017-010#sec.7.32
- Section 7.33 of the MAI Act - https://legislation.nsw.gov.au/view/html/inforce/current/act-2017-010#sec.7.33
- Division 7.6 of the MAI Act - https://legislation.nsw.gov.au/view/html/inforce/current/act-2017-010#pt.7-div.7.6

#122 - The PIC Stood Over List

In this episode, Rihab Abdul-Rahman and Tasnim Ali, discuss Mandatory and Discretionary Exemptions from the assessment of damages in the Personal Injury Commission.

Relevant case law and legislation:
- Section 7.34(1)(a) of the Motor Accident Injuries Act 2017
Motor Accident Injuries Act 2017 No 10 - NSW Legislation
https://legislation.nsw.gov.au/view/html/inforce/current/act-2017-010#sec.7.34
- Clause 14 of Motor Accidents Injuries Regulations
Motor Accident Injuries Regulation 2017 - NSW Legislation
https://legislation.nsw.gov.au/view/html/inforce/current/sl-2017-0498#sec.14
- Section 92 of Motor Accident and Compensation Act 1999
Motor Accidents Compensation Act 1999 No 41 - NSW Legislation
https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1999-041#sec.92

#123 - What are the grounds for Mandatory and Discretionary Exemptions under MAIA?

In this episode, Helen Huang and Katherine Teague discuss the implications of the Claimant not seeking internal review of the Insurer's permanent impairment determination and how to progress the matter without any further delays under the Motor Accidents Injuries Act.

#124 - On The Front Foot; Proactive WPI Applications

Pursuant to Part 3.2 of the Personal Injury Commission Act 2020, the Personal Injury Commission has no power to  exercise federal jurisdiction. In this episode, Peter Hunt discusses the District Court decision in Ritchie v The Nominal Defendant which examines whether a dispute between a resident of Queensland and the NSW Nominal Defendant involves an exercise of federal jurisdiction.

#125 - FEDERAL JURISDICTION: Is the Nominal Defendant "the State"?

In this episode of the Proper Lookout Podcast, Peter Hunt summarises his thinking on what types of CTP claims involve an exercise of federal jurisdiction.

#126 - FEDERAL JURISDICTION: State Residents against the State

In this episode, Helen Huang and Katherine Teague discuss the ways available for parties to seek to vacate an Assessment Conference in the Personal Injury Commission, particularly during a Pandemic.

#127  - Adjourning a PIC Assessment Conference

In this episode of the Proper Lookout Podcast, Peter Hunt explains the decision and outlines the implications of federal jurisdiction within the meaning of Div 3.2 of the Personal Injury Commission Act 2021.

#128 - FEDERAL JURISDICTION – Interstate Claimants And NSW CTP Insurers

In this episode, ​​​Peter Hunt discusses the Motor Accident Injuries Amendment Bill 2022 which has passed both Houses of the NSW State Parliament.

#129 - Amendments to Celebrate MAIA's 5th Birthday

The Personal Injury Commission can not be exercising the judicial power of the Commonwealth if it does not exercise judicial power at all. In this episode, Peter Hunt discusses recent Court decisions which discuss whether the PIC's functions are administrative or judicial.

#130 - FEDERAL JURISDICTION – Are the Commission's power's administrative or judicial?

In this episode, Raissa Galang and Julia Douglas-Oliveira discuss how the Motor Accident and Workers Compensation Amendment Act 2022 amended the "no-fault" provisions in Part 5 of MAIA.

# 131 - Amendment to No-Fault Provisions

The Motor Accident and Workers Compensation Amendment Act 2022 made some amendment to the calculation of weekly benefits under MAIA. In this episode, Julia Douglas-Oliveira and Raissa Galang discuss the changes.

#132 - Amendment to PAWE provisions

What happens if an autonomous vehicle thinks a tree blowing in the wind is a pedestrian about to run across the road? How might the autonomous vehicle behave when it perceives this "danger"? In this episode, Peter Hunt interviews Associate Professor Joseph Suttie about the AI used in autonomous vehicles.

#133 - Artificial Intelligence & Autonomous Vehicles

Most claims managers have probably experienced Claimants who demonstrate obsessive personality traits in the context of the management of their claim. 

In this episode, Principal Peter Hunt discusses Borderline Personality Disorders with Associate Professor Joseph Suttie and how they might impact the claims experience.

#134 - Borderline Personality Disorders

In this very special episode, Principal Peter Hunt talks to The Honourable Geoffrey Bellew SC, a former Justice of the Supreme Court of NSW, about the challenges of life on the Bench, including those which arise when the parties tender large volumes of irrelevant material.

The discussion is topical for CTP insurers and practitioners as the Personal Injury Commission contemplates the introduction of page limits.

https://7gbc.com.au/barrister/the-hon-geoffrey-bellew-sc/

#135 -  Page Limits – A View From The Bench

All organisations, including insurers and law firms, are confronted with employees at the risk of burnout. In this episode of The Proper Lookout Podcast, Principal Peter Hunt discusses the issues with Associate Professor Joseph Suttie.

https://sarsfieldconsulting.co/who-we-are/

#136 - Combatting Burnout

In this episode of The Proper Lookout Podcast, Principal Peter Hunt joins Associate Professor Joseph Suttie to explore the impact of artificial intelligence, like ChatGPT, in the workplace.

NOTE: no AI was deployed in recording of this Podcast episode. All thoughts are those of the participants!

#137 - Art and Artificiality: The rise of ChatGPT

Does injury to the skin, alone, entitle a Claimant to ongoing statutory benefits and common law damages? 

In this episode of The Proper Lookout Podcast, Principal Peter Hunt reviews three PIC Review Panel decisions which consider whether injury to the skin falls within the statutory definition of a "threshold injury".

#138 - Threshold Injury Review – Injury To The Skin

Are artificial members part of the body? And, if they are damaged, are they non-threshold injuries? 

In this episode of The Proper Lookout Podcast, Principal Peter Hunt discusses what a PIC Review Panel thinks on these questions.

#139 - Threshold Injury Review: Breast Implant Rupture

In this episode, Principal Peter Hunt discusses the decision in Mohmand v Allianz, where the Supreme Court looked at whether a Claimant always needs to exhibit radiculopathy to demonstrate that their cervical spine injury is an above-threshold injury for the purpose of s 1.6 of the Motor Accident Injuries Act 2017.

https://mccabes.com.au/firm/resources/the-proper-lookout-podcast/

#140 - More Threshold Injury Questions: Is Radiculopathy Always Necessary?

In Mandoukos v Allianz, the Supreme Court considered whether a cervical surgery could transform a below-threshold injury into an above-threshold injury. In this episode of The Proper Lookout Podcast, Principal Peter Hunt discusses the scope of the decision and the implications.

#141 - Does Surgery Render A Below-Threshold Injury Above-Threshold?

In this episode of The Proper Lookout Podcast, Principal Peter Hunt discusses the traumatic brain injury with friend of the podcast, Professor Associate Joseph Suttie.

#142 - Exploring Traumatic Brain Injury

In Abawi v Allianz, the Medical Review Panel looked at whether a laceration to the skin fell within the definition of a "threshold injury" in s 1.6 of the Motor Accident Injuries Act 2017. 

Principal Peter Hunt reviews the decision and adds his own commentary on the issue.

#143 - Getting under my skin - Abawi v Allianz

Judicial Review involves a consideration of what constitutes 'the face of the record'. Whilst a claims assessor's reasons clearly form  part of the record, what about schedules to an accountant's report which are adopted by the assessor in his calculation of economic loss? In this episode Paul Wholohan discusses a recent Court of Appeal decision which answers this question.

#19 - To review or not to review - that is the question

This week, the McCabe Curwood Insurance and Government teams have made themselves at home at the Zenith Centre in Chatswood, with the option of hot-desking at the MLC office when necessary. With a focus on agility and mobility, Future Workplace is here. To mark the occasion, Peter Hunt, in this episode of the Proper Lookout Podcast, reviews the impact of the most famous CTP claim arising from a motor accident in Chatswood.

#20 - The Zenith of Pedestrian Case Law – Derrick v Cheung

The Motor Accident Injuries Act 2017 has introduced the CTP world to a number of new concepts including that of 'the relevant insurer'. In this episode of the Proper Lookout Podcast, Lily Barbouttis and Eden Christopher run through the basics of who is 'the relevant insurer'.

#48 – Who is the relevant insurer when both vehicles are partly at fault?

Join Renée Reddy and Laurette Rizk as they discuss the new features in MAIA regarding medical assessments, limiting the scope of reviews and non-binding assessments (s7.15, s7.25 and s7.27).

#89 – How things have changed, from MACA to MAIA

In this episode of the Proper Lookout Podcast, Eden Christopher and Bethany Mahler take a look at some of the common mistakes in WPI assessments.

#103 – Top mistakes in WPI assessments

Welcome to the The Proper Lookout Podcast published by the Statutory Insurance Group of McCabes. In this series, our CTP experts discuss a range of topics – sharing their thoughts on an industry trend or intriguing legal issue, explaining the intricacies of an important case, and hopefully imparting some of the knowledge they have gained.

The Proper Lookout Podcast

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