If you have lodged a motor accident compensation claim in New South Wales, there may come a time when your injuries are assessed by the Medical Assessment Service (MAS), part of the Personal Injury Commission. The determination from MAS is an important step in your claim because it affects what benefits or compensation you may receive.
But what happens if you disagree with the outcome? Can you challenge it, and if so, when?
This article explains the circumstances in which you can lodge a review of a MAS determination, and what you should keep in mind if you are considering this step.
What is the Medical Assessment Service?
The Medical Assessment Service is responsible for conducting independent assessments of an injured person’s condition under the Motor Accident Injuries Act 2017 (NSW). These assessments often focus on:
- Whether your injury is classified as a threshold (previously called “minor”) or non-threshold injury.
- The degree of whole person impairment (WPI).
- Whether treatment and care recommended by your treating practitioners is reasonable and necessary.
The determination made by MAS can have a significant effect on your claim, particularly on the compensation you may receive for past and future losses.
Can a MAS determination be reviewed?
Yes – but not in all cases. The right to seek a review is limited, and it is important to act promptly if you believe there has been an error.
A review may be lodged with the Personal Injury Commission if one of the following applies:
- Significant error of fact, law, or procedure: If the MAS decision is affected by a material mistake, such as applying the wrong legal test or failing to consider critical evidence.
- New evidence: If fresh evidence has come to light that could change the outcome and could not have reasonably been obtained earlier.
- Incorrect application of medical guidelines: If the medical assessor failed to apply the relevant assessment guidelines correctly.
Not all disagreements with the outcome will amount to grounds for review. Simply being unhappy with the result is not enough – there must be a valid reason supported by the legislation.
When must a review be lodged?
Strict time limits apply. Generally, an application for review must be lodged within 28 days of the MAS certificate being issued.
In some limited circumstances, the Personal Injury Commission may allow an extension, but this is not guaranteed. If you miss the deadline, you risk losing the right to challenge the decision altogether.
Because of these tight timeframes, it is essential to seek legal advice as soon as you receive a MAS determination.
What happens during the review?
If your application is accepted, the matter will be referred to a Review Panel made up of senior medical assessors. The panel will reconsider the matter in full, taking into account the evidence before the original assessor and any new material allowed by the Commission.
The Review Panel can:
- Confirm the original MAS decision.
- Revoke the determination and substitute its own.
The Review Panel’s determination is generally final and binding, subject only to limited rights of judicial review in the Supreme Court if there has been a jurisdictional error.
Why legal advice is critical
The rules around reviews are complex, and success depends on identifying a clear legal or factual error. Many clients are understandably unsure whether they have grounds to apply for a review or whether they should accept the determination and move forward with their claim.
An experienced personal injury lawyer can:
- Assess whether there are valid grounds for review.
- Prepare and lodge the review application within the strict timeframe.
- Gather supporting evidence to strengthen your case.
- Represent you before the Personal Injury Commission.
At BPC Lawyers, our Accredited Specialists in Personal Injury Law have decades of experience guiding clients through this process and achieving positive outcomes.
Key takeaways
- A MAS determination can significantly impact your entitlements under the NSW motor accident scheme.
- You can apply for a review if there has been a material error, new evidence, or incorrect application of guidelines.
- Reviews must generally be lodged within 28 days, so acting quickly is essential.
- The Review Panel has the power to change the original decision, but its determination is usually final.
- Legal advice gives you the best chance of success.
How we can help
If you have received a MAS determination and are considering a review, contact our office today. We can advise you on your options, ensure deadlines are met, and advocate on your behalf to protect your entitlements.
Contact BPC Lawyers on (02) 8280 6900 or visit our contact page to arrange an appointment.