A NSW review panel has more than halved a claimant's impairment rating after Allianz challenged the original assessment, landing all injuries below threshold.
The decision, filed on April 14, 2026, stems from a low-speed side-swipe in Liverpool, NSW, on August 28, 2023. Dobre Kvackovski was stationary in his Ford Ranger when another vehicle scraped the passenger side while trying to merge in heavy traffic. Repairs came to roughly $7,289. Kvackovski wasn't assessed at the scene and drove himself home.
The claim that followed was far more substantial. Kvackovski alleged injuries to his cervical spine, thoracic spine, lumbar spine, and left shoulder, filing against Allianz Australia Insurance Limited under the Motor Accident Injuries Act 2017. Medical Assessor Nelukshi Wijetunga examined him in July 2025 and certified 15% whole person impairment - 5% each for the cervical, thoracic, and lumbar spine. The left shoulder was excluded, with Wijetunga finding it wasn't caused by the accident.
But Kvackovski's medical history complicated matters. A serious three-car collision in October 2013 - one that left him trapped in his vehicle for over an hour - had settled for $800,000 in 2015. His left shoulder had its own backstory: orthopaedic surgeon Dr David Lieu documented a two-year history of worsening pain as of December 2022, and January 2023 imaging showed significant tendinopathy, rotator cuff tears, and subscapularis involvement. Rotator cuff repair surgery had been discussed months before the 2023 accident.
When questioned by the panel's medical assessor, Kvackovski initially described his pre-accident left shoulder as "alright" - before conceding he did experience symptoms "according to the weather."
Allianz applied for review under section 7.26 of the Act, and a delegate of the President of the Personal Injury Commission referred the matter to a review panel comprising Member Bianca Montgomery-Hribar and Medical Assessors Margaret Gibson and Shane Moloney. They conducted a fresh assessment of all matters, as required under the Act.
The findings shifted considerably. The cervical spine dropped from 5% to 0% after the panel found no clinical evidence of the reduced rotation behind the original rating. The thoracic spine followed the same path - from 5% to 0% - with no muscle guarding on examination. The lumbar spine held at 5%.
The left shoulder drew the most nuanced treatment. Unlike the original assessor, the panel accepted the accident did aggravate Kvackovski's pre-existing symptoms. But it drew a clear line: the forces in a minor side-swipe "were not of a nature that would be likely to produce either a new tear or an extension of an existing tear," though they could "conceivably produce a minor and temporary increase in shoulder symptoms." The shoulder landed at 2% and was classified as a threshold injury under the Act.
Final tally: 7% whole person impairment - well under the 10% threshold that gates access to broader damages. The original certificate was revoked.
For CTP insurers, the decision is a practical reminder that the statutory review mechanism can deliver real results where pre-existing conditions are well documented and original assessments appear overstated. It also reinforces that proving an accident caused an injury doesn't automatically push it past the threshold line - what counts is the nature and extent of what the accident actually produced.
