austlii:nsw/NSWPICMP/2025/875
General information, not legal advice.
NSWPICMP
2025-11-11
Original judgment source is linked above.
Insurance Australia Limited t/as NRMA Insurance v Tamplin [2025] NSWPICMP 875
MOTOR ACCIDENTS - Motor Accident Injuries Act 2017; assessment of whole person impairment (WPI); claimant suffered injury in a motor vehicle accident; Medical Assessor certified the claimant had sustained 11% WPI as a result of post-traumatic stress disorder caused by the accident; pre-existing condition; insurer sought review; Held - claimant had pre-existing generalised anxiety disorder; post-traumatic stress disorder caused by the accident; current permanent impairment of 7%; pre-existing permanent impairment of 0% WPI; permanent impairment assessed at 7% as result of injury caused by the accident.
Certificate issued under s 7.23(1) of the Motor Accident Injuries Act 2017
26 August 2024 and issues a new certificate determining that the following injury caused by the motor accident give rise to a permanent impairment of 7%: * post-traumatic stress disorder.
Ms Tamplin as a result of the injury caused by the accident is greater than 10%. This constitutes a medical assessment matter pursuant to Schedule 2, cl 2 of the MAI Act. 3. A medical assessment matter is determined in accordance with Division 7.5 of the MAI Act by a Medical Assessor.[1] 4. Ms Tamplin filed an application in the Personal Injury Commission (Commission) in respect of the permanent impairment dispute. 5. The dispute as to permanent impairment in respect of the claimant's psychological injury was referred to Medical Assessor Nagesh. He issued a certificate dated 26 August 2024.
Ms Tamplin reported her attention and concentration was poor, and she was struggling with her Uni work. He reported she described her memory as fine. He assessed a mild impairment because she was able to undertake a standard course at a slower pace and because she was able to concentrate for up to 30 minutes during the interview. 13. Medical Assessor Nagesh assessed a class 3 for adaption on the basis Ms Tamplin was not able to pursue her medical science degree and was now averaging about 16 hours a week as an AIN (assistant in nursing) when she worked 40 hours per week in total before the accident. 14. Medical Assessor Nagesh undertook an assessment of the pre-existing impairment assessing class 1 for all categories or a 0% WPI.
"6.6 Causation is defined in the Glossary at page 316 of the AMA4 Guides as follows:
'Causation means that a physical, chemical or biologic factor contributed to the occurrence of a medical condition. To decide that a factor alleged to have caused or contributed to the occurrence or worsening of a medical condition has, in fact, done so, it is necessary to verify both of the following:
This, therefore, involves a medical decision and a non-medical informed judgement.
6.7 There is no simple common test of causation that is applicable to all cases, but the accepted approach involves determining whether the injury (and the associated impairment) was caused or materially contributed to by the motor accident. The motor accident does not have to be a sole cause as long as it is a contributing cause, which is more than negligible. Considering the question 'Would this injury (or impairment) have occurred if not for the accident?' may be useful in some cases, although this is not a definitive test and may be inapplicable in circumstances where there are multiple contributing causes."
7 March 2019.[14] Ms Conte reported she had seen the claimant for over five sessions. She had a history of anxiety, perfectionistic personality traits and difficulty making decisions. She diagnosed generalised anxiety disorder. 3. In a report dated 1 April 2021 Ms Monique Cohen, psychologist reported the claimant had thoughts of self-harm and suicide.[15] Her self-harm had recently taken the form of engaging in risky situations. She reported she lived in the shadow of her mother's dreams and did not know herself. 4. On 28 May 2021 Ms Cohen reported Ms Tamplin engaged in self-harming behaviour.[16] She reported the claimant had been feeling very anxious and depressed since the end of the preceding year. She had daily suicidal thoughts and had been self-harming for some time by abusing alcohol and cutting her thighs and wrists with scissors. She reported Ms Tamplin had self-harmed by restricting her food intake since year 9. She diagnosed post-traumatic stress disorder.
(b) the claimant meets criterion B, experiencing recurrent, involuntary, and intrusive distressing memories of the accident. The claimant also experiences recurrent distressing dreams in which the trauma of the accident is the primary content. The claimant also reported dissociative reactions (e.g. flashbacks) in which she felt as if she was in the accident again and that the trauma was reoccurring;
(c) the claimant meets criterion C, where she avoids thinking about the trauma of the accident and avoids conversations about the accident as well as failing to complete her driving practical skills test since the accident;
(d) the claimant meets criterion D. She experiences negative alterations in her cognitions and mood associated with the traumatic memory worsening after the accident as evidenced by the following:
(i) inability to remember an important aspect of the traumatic event; she was able to remember seeing the car was approaching and striking her vehicle. She could not remember the vehicle spinning; however, she recalled her vehicle facing in the wrong direction when she became aware she had been involved in a serious accident, and
(ii) she had a persistent negative emotional state (e.g. fear, horror, anger, guilt or shame) evidenced by continuing and persistent impulsive angry verbal arguments which her mother which she was unable to control;
(e) the claimant meets criterion E. She had an increase in arousal and reactivity beginning after the traumatic event, as evidenced by:
(i) problems with concentration which required reasonable adjustments to be granted by the disability officer at the university whilst undertaking her Bachelor of Nursing degree, and
(ii) sleep disturbance, difficulty falling asleep, remaining asleep and experiencing restless sleep most nights;
(f) the claimant meets criterion F, where the duration of the disturbance since the accident has been more than one month;
(g) the claimant meets criterion G, where the disturbance causes clinically significant distress or impairment in social, occupational, or other important areas of functioning. This is evidenced by the claimant having verbal angry arguments with her mother, the loss of her relationship with her partner and the loss of her capacity to progress with her Bachelor of Medical Science Degree, and
(h) the claimant meets criterion H, where the disturbance is not attributable to the physiological effects of a substance, (e.g. medication, alcohol) or another medical condition. The claimant does not suffer from a substance use disorder. Whilst she has a pre-existing psychiatric condition it would not meet the necessary criteria for this disorder. The claimant does not have a medical condition which would produce symptoms like those referrable to a diagnosis of post-traumatic stress disorder.
Assessment of impairments due to pain and physical conditions
Assessment of assessable psychological injury
Assessment of impairments due to pain and physical conditions
Assessment of assessable psychological injury
Assessment of impairments due to pain and physical conditions
Assessment of assessable psychological injury
Assessment of impairments due to pain and physical conditions
Assessment of assessable psychological injury
Assessment of impairments due to pain and physical conditions
Assessment of assessable psychological injury
Assessment of impairments due to pain and physical conditions
Assessment of assessable psychological injury
Degree of permanent impairment - psychiatric impairment rating scale
The claimant had been assessed and treated by her general medical practitioner, psychiatrist, and psychologist.
The claimant said that she would shower most days. She said that she was able to ensure the minimum necessary personal hygiene and self-care. She said she was less interested in her deportment. She was less interested in maintaining her hair and cleaning her teeth. She was not interested in cleaning her bedroom or assisting her parents with cleaning the house, bathrooms, or gardens. She was less able to manage her nutrition, and her weight had increased since the accident. She relied more on take-away foods and pre-prepared meals from the hospital cafeteria and nearby take-way shops. She said she was independent in her self-care and personal hygiene.
The claimant said she would socialise with her friendship circle less than before the accident. She said she was less interested in socialising in public with her new partner. She was able to socialise and share activities with her new partner. They would share television series, music, social media and attend museums together. She did not socialise outside of her family home. She was less interested in participating in family events and traditional celebrations within the family as she had prior to the accident.
The claimant said she could leave her home alone and travel to the local shop, university, workplace, and hospital by public transport. She could travel alone to medical appointments. The claimant said she had avoided learning how to drive since the accident, until the last few weeks before the re-examination. She said her new partner had been her supervisor whilst attempting to learn to drive. She said she might have had about four, 30-minute driving sessions since the accident.
The claimant said that she had separated from her ex-partner and formed a new intimate relationship with her current partner. She was less interested in social activities outside of their homes.
The claimant said she would have angry verbal arguments with her mother. She said she would become frustrated and leave the family home, as she did not want the fighting to escalate into more physical arguments. She said she was not interested in sharing any communal time with her parents. She said she would spend many days at her new partner's home and would not return until her anger and frustration had settled.
The claimant said that after these recurrent periods of separation since the accident she would remain isolated in her own room when she returned home.
The claimant had lost her social circle of friends from before the accident. She was less interested in finding new friendships and was reliant on her relationship with her new partner.
The claimant said her concentration, persistence and pace was less since the accident. She said she had applied through the university disability officer to have reasonable adjustments to her study program with extension of time for her assignments, attachments, and examinations. She said she had progressed slower than her peers who did not require these reasonable adjustments. She said she was expected to complete all her university requirements within about six weeks. She said she had sought extra time to complete her outstanding study requirements.
The claimant said she had difficulty adapting to her role as an assistant in nursing. She stopped this work after a brief period of employment. The claimant said she did not enjoy working as a concierge and she hope to put this role behind her when she commenced her new graduate program for 2026.
The claimant explained that she had set her career goal to become a medical practitioner, however she had not been able to complete her Bachelor of Medical Science since the accident. She had been able to complete a less rigorous education and training program successfully after she had received reasonable adjustments to enable her to progress at a suitable rate to fulfill her academic requirements.
The claimant could study full-time in a less stressful course and work part-time in a less stressful role.
List of Classes in ascending order: 2, 2, 2, 2, 2, 3
The claimant had been assessed and treated by her medical team and was prescribed Citalopram 20mg daily.
Ms Tamplin said before the accident, she was independent in her self-care and personal hygiene. She lived in the same house as her parents. She showered daily and maintained her nutrition. She was able to cook, clean and assist with the chores around the family home. She cleaned her own room and attended to her own laundry. She was able to purchase her own groceries from the local supermarket if required. She was not required to attend to household maintenance or the garden as her parents performed these duties.
Ms Tamplin said she was able to socialise without impairment before the accident. She socialised with her partner outside the family home. She made friends at school, and she attended friends' parties and events, music venues, and clubs. She enjoyed dancing and socialising with her friendship circle. She celebrated cultural events with her family, such as birthdays and Christmas.
Ms Tamplin said she was learning to drive before the accident. She had completed all her practice hours and the theory test. She had not completed her practical driving test.
The claimant said she could take the bus and train to travel to her education venues without difficulty. She could take public transport to her elder sister's medical practice where she worked part time without difficulty.
Ms Tamplin said she was in an intimate relationship with another student at the school she attended. She reported she had been socialising with her partner in public for about one year and she visited her partner's parental home.
The claimant said she was close to her father, and she spoke to him about her personal life and choices. She said she had the usual teenage disagreements with her mother. She said she was closer to her father than to her mother.
Ms Tamplin said she was closest to Rosie, her sister and that she spoke with her about her personal life and family issues. She said she had a good relationship with her other sisters, and she worked part-time for her sister who owned a private medical service.
Ms Tamplin was able to concentrate and persist with complex tasks. She had scored a high grade for her HSC certificate. She had commenced her Bachelor of Medical Science. She was able to concentrate on reading and perform all the necessary requirements of her education without impairment.
Ms Tamplin was able to study fulltime and work part time prior to the accident. She was able to schedule, and work without performance difficulties prior to the accident.
List of Classes in ascending order: 1, 1, 1, 1, 1, 2
Insurance Australia Limited t/as NRMA Insurance
Tamplin [2025] NSWPICMP 875;