Medical Assessment Service assessor decision

The Supreme Court confirmed that in arriving at a determination a MAS assessor must do what the relevant guidelines require, but is not required to go beyond them. Further, where the guidelines direct the assessor on the proper method of assessment, a failure to record ranges of motion will not amount to a jurisdictional error. The plaintiff’s claim for relief failed and she was ordered to pay our client’s costs. (Stojanovic v MAA & Ors [2010] NSWSC 1090)


Related Articles

RECENT APPEAL DECISION CONFIRMS S151Z RECOVERIES WILL SUCCEED IN ‘BLAMELESS ACCIDENT’ CLAIMS

Motor Vehicle Directions

State of NSW v Wenham [2016] NSWSC 336 Decision of the NSW Court of Appeal on 5 December 2016 (Beazley ACJ, Meagher…

Continue reading

Al Shmaeri v AAI Limited

Motor Vehicle Directions

Sydney District Court – Judge Williams presiding Judgement handed down on 29 October 2015 Background Mr Al Shmeari, the plaintiff, alleged…

Continue reading

Costs implications – early settlement of low value claims

Motor Vehicle Directions

Mark Haureluik v Bowen James Furler [2012] ACTCA 11 Damages for pain and suffering are included in the amount of the…

Continue reading