Who can make the decisions at MAS?

Judgment date: 13 February 2012

Insurance Australia Limited t/as NRMA Insurance v Falco [2012] NSWSC 5

Supreme Court of New South Wales1

In Brief

An agent of the Proper Officer may perform the non-discretionary clerical tasks of reducing reasons to writing and furnishing or supplying those reasons to the parties, provided that it is clear that the reasons for the decision are those of the Proper Officer. A Case Manager has no delegated authority to determine an application and any comment that is attributed to a Case Manager that is part of the determinative process, exceeds the power of the Case Manager. Adequate reasons for a conclusion are required by the Proper Officer when making a determination, pursuant to MAS Guideline 14.8. The test that stood prior to the amendment of s 62 of the Motor Accidents Compensation Act 1999 (NSW) (the Act) in October 20082 , may no longer be applicable, as it is necessary to have regard to the additional requirements made by s 62(1A). Background

Ms Falco sustained injury, including psychiatric injury, in a motor vehicle accident on 1 March 2004. She had previously sustained a psychiatric injury in a motor vehicle accident on 1 December 2003.

Following referral of the matter to the Medical Assessment Service (MAS), Ms Falco was assessed by Medical Assessor McClure on 27 March 2007 and 11 December 2009.

In the March 2007 assessment, Medical Assessor McClure found that Ms Falco suffered from an adjustment disorder with mixed anxiety and depressed mood, causally related to the motor vehicle accidents. She was assessed with a whole person impairment of 5%, apportioned 60% to the accident on 1 March 2004 and 40% to the accident on 1 December 2003.

On 16 February 2009, Dr Parmegiani, Psychiatrist, qualified for Ms Falco, opined that she developed a major depressive disorder and assessed whole person impairment arising from the disorder at 47%.

In December 2009...