For the reasons set out above, the Panel makes the following findings.
The Panel is satisfied that, as a result of the motor accident of 17 May 2020, the claimant sustained physical injuries to the lumbar spine, right shoulder, right knee, and right ankle.
The Panel is not satisfied that the claimant sustained a cervical spine injury as a result of the motor accident.
In relation to the lumbar spine, the Panel accepts that the motor accident caused disc pathology at L5/S1. Although radiculopathy was previously identified for threshold purposes, the Panel is not satisfied that objective radiculopathy persists at the time of the present assessment. The lumbar spine is therefore appropriately classified as DRE Category I, resulting in 0% WPI.
In relation to the right shoulder, the Panel is satisfied that the motor accident caused an injury resulting in ongoing pathology demonstrated on imaging. Because reliable range-of-motion assessment could not be undertaken, the Panel has assessed impairment by analogy under the AMA 4 Guides. By reference to mild synovial involvement of the glenohumeral joint, the Panel assesses the right shoulder at 4% WPI.
In relation to the right knee, the Panel accepts that the claimant sustained a soft tissue injury caused by the motor accident. Imaging has not demonstrated any structural abnormality, and the Panel is not satisfied that the injury results in assessable permanent impairment. The right knee therefore attracts 0% WPI.
In relation to the right ankle, the Panel accepts that the claimant sustained a soft tissue injury caused by the motor accident, with early imaging demonstrating mild retrocalcaneal bursitis. The Panel is satisfied that later Achilles tendinosis is degenerative and not attributable to the accident. The right ankle injury does not result in assessable permanent impairment and attracts 0% WPI.
The claimant's combined WPI from physical injuries caused by the motor accident is 4%, which is not greater than 10%.
Accordingly, the Panel issues a Certificate under s 7.23(1) of the MAI Act, certifying that the claimant's degree of permanent impairment resulting from the motor accident is not greater than 10%.
Parties
Applicant/Plaintiff:
Youssef
Respondent/Defendant:
Insurance Australia Limited t/as NRMA Insurance [2026] NSWPICMP 110;
Legislation Cited (3)
Accident Injuries Act 2017
Injury Commission Act 2020
Personal Injury Commission Rules 2021
Cases Cited (1)
Youssef v Insurance Australia Limited t/as NRMA Insurance [2026] NSWPICMP 110; (16 February 2026)