austlii:nsw/NSWPICMP/2025/683
General information, not legal advice.
NSWPICMP
2025-09-08
Original judgment source is linked above.
AAI Limited t/as GIO v Rexhepi [2025] NSWPICMP 683
MOTOR ACCIDENTS - Motor Accident Injuries Act 2017; review of medical assessment; assessment of treatment and care; causation; claimant sustained non-threshold injuries; whole person impairment is 0%; CT spec scans; no immediate post-accident medical treatment; no suggestion of chest injury; no airbag deployment; no mention of any respiratory complaint; Held - CT spec scan does not relate to the injuries caused by the motor accident; scan is appropriate in the clinical context; not reasonable and necessary in the circumstances as it does not arise from any injuries caused by the motor accident.
Certificate issued under s 7.23 (1) of the Motor Accident Injuries Act 2017
31 October 2024. 2. The Panel considers that the following treatment and care: * CT SPECT scan,
does not relate to the injury caused by the motor accident.
is not reasonable and necessary in the circumstances.
care - causation. 3. The claimant was examined by Medical Assessor Christopher Grainge who, in a certificate dated 31 October 2024, determined that the CT SPECT scan relates to the injury caused by the motor accident and is reasonable and necessary in the circumstances. 4. The insurer sought a review of this determination and, in a certificate dated
31 October 2024, President's delegate Melinda Drew determined that there is a reasonable cause to suspect that the medical assessment was incorrect in a material respect. Accordingly, the matter was referred to this Medical Panel. 5. Clause 14F of schedule 1 of the Personal Injury Commission Act 2020 (the PIC Act) provides that the new review provisions apply in relation to a decision of a new decision-maker. A "new decision maker" is defined in cl 14 A(1) of the schedule 1 of the PIC Act. As the medical assessment, the subject of the review, was made on or after 1 March 2021, the new review provisions apply. 6. The new review provisions provide that a review Panel consists of two Medical Assessors and a Member assigned by the Motor Accidents Division of the Personal Injury Commission (Commission). 7. Part 5 of the PIC Act enables the Commission to make rules with respect to its practice and procedure including proceedings before a Panel reviewing a decision of a Medical Assessor. 8. Rules 127 to 130 of the Personal Injury Commission Rules 2021 (PIC Rules) are made pursuant to Part 5 of the PIC Act. A Review Panel determines how it conducts and determines the proceedings and may determine the matter solely based on the written application. 9. The review of the medical assessment is by way of a new assessment of all the matters with which the medical assessment is concerned. 10. Ms Rexhepi attended as arranged and was unaccompanied for the assessment.
vitamin D deficiency. Faecal occult blood testing was also negative. She had various other investigations done including full blood count, thyroid studies, B12, folate and MDA lipid glucose, C-reactive protein. 3. There were no abnormalities apart from the iron studies and vitamin D. At that stage she was prescribed Ferinject 500mg/10mL and had one injection. 4. On specific questioning she denied having used the oral contraceptive pill or any other hormone preparation. There was no history of any prior episodes of clotting, in particular prior DVT's or pulmonary embolic disease. 5. She thinks she may well have had COVID-19 in 2020, as she recalled some respiratory symptoms at the time, but she hadn't been very unwell. She couldn't recall having any positive testing for COVID-19. She had two Pfizer COVID-19 vaccines, the last a few years ago. 6. She denied any history of smoking or vaping. 7. There was no known history of any work exposures to airborne agents or other contaminants, and she said the lab was well ventilated and they always wore PPE. 8. Prior to the subject accident she was taking no regular medications.
"She has had episodes of shortness of breath that she has presented to hospital with. She has had a normal D-dimer and negative CTPA and a normal cardiac assessment. These episodes the most recent occurring two days ago are not associated with wheeze, cough, or chest pain. At the time of today's examination, she is asymptomatic. Her chest is clear to auscultation; Her enclosed detailed lung function tests are normal. However, her fraction of expired nitric oxide is elevated at 31 pp indicating an underlying asthmatic or eosinophilic inflammation which certainly points to the most likely cause of these episodes being asthma, I have therefore commenced her on Breo Ellipta 100/25 once daily. I reviewed her CTPA from 2 months ago which shows patchy areas of ground glass opacification which could possibly be due to asthmatic inflammation, but small vessel pulmonary emboli is a possibility. Occasionally these are present with a negative CTPA. I have arranged for a ventilation perfusion lung scan."
"I enclose this woman's ventilation perfusion lung scan which suggests multiple bilateral subsegmental small vessel pulmonary emboli contributing to her dyspnoea.
I have given her a screen for thrombogenic status although the most likely cause of her pulmonary emboli is the immobility from her back injury that she experienced from a motor vehicle accident last year, I have commenced her on Eliquis 10 mg b.d reducing in 1 week to 5 mg b.d and in 6 months time she will have a progress ventilation perfusion lung scan. She also continues on Breo Ellipta for the confirmed asthmatic component."
20 May 2022. She hadn't required any immediate medical attention and there was no suggestion of any chest injury. There was no air bag deployment, and their car was driveable, so they headed back home. 2. She had visited her GP the following day but said this was mainly around concerns for her son, but she had mentioned some low back symptoms to the doctor at the time. The doctor noted (clinical notes 21 May 2022) the accident the preceding day and Ms Rexhepi's complaints of back pain and had prescribed paracetamol. She was reviewed again on
12 June 2022, and at that stage there was also neck pain. On 19 June and 30 June 2022, the GP records ongoing musculoskeletal symptoms and also conducts a general systems review, in particular recording that there was "no cough/CP/SOB/sweats/palpitation." On 1 July 2022 there is iron and vitamin D deficiency identified. 3. The last review prior to her travel is on 5 August 2022, when some routine travel advice is discussed. When asked about the lack of any mention of any respiratory symptoms
Ms Rexhepi responded that she thought she had mentioned it. However, there was clearly no mention of any respiratory complaint, and furthermore the GP had made specific enquiry regarding any such symptoms and recorded this in the negative. 4. She then embarks on a long-haul international flight, which is known risk factor for thromboembolic disease. It is not until the following year that she visits Dr David Freiberg, well over a year after the subject accident and he records a history of respiratory complaints since the subject accident and immobility due to her injuries. However, the contemporaneous notes from the GP do not indicate any such respiratory complaints and Ms Rexhepi had in fact resumed work after the subject accident, and whilst she may have had some limitations as a consequence of her musculoskeletal complaints, there was no immobility to the extent that the Panel could regard this as being a risk factor for the later diagnosis of pulmonary embolus. 5. The Panel does not consider that the CT SPECT scan is an investigation which arises from the injuries caused by the motor vehicle accident. Single-photon emission computed tomography (SPECT) is a nuclear imaging modality used to assess tissue perfusion and function, so is valuable in confirming a diagnosis of pulmonary embolus, even involving smaller emboli. 6. The Panel considers that the requirement for the CT SPECT scan does not relate to the injuries caused by the motor accident. Whilst, given the diagnosis, the scan is appropriate in the clinical context, it is not reasonable and necessary in the circumstances as it does not arise from any injuries caused by the motor vehicle accident.
AAI Limited t/as GIO
Rexhepi [2025] NSWPICMP 683;