Our ref: MICS 007/18
The claimant was involved in a T-bone collision, their vehicle was struck on the left-hand side. An ambulance was called and they were taken to hospital for investigation due to reported dizziness.
The claimant has attended their GP on many occasions and has taken to wearing a neck brace to assist in pain management despite not being referred to do so by a medical professional.
There is a dispute about whether the injury is a minor injury under Schedule 2 section 2(e) of the Motor Accident Injuries Act 2017 (the Act).
- Neck posture, alignment and contour were normally maintained.
- Reported tenderness to the slightest touch.
- No noted muscle spasm, or guarding, no dysmetria/asymmetry of neck movements.
- Observed half normal range of rotation left and right, and half normal range of lateral bending to the right and left.
- No pain or other complaints in the thoracic region.
- Examination was unremarkable.
- Pain in the right flank was unremarkable, was not tender.
- No muscle spasm, guarding, nor asymmetry.
- No wasting or deformity noted.
- Arthritic changes in the hands, fingers and thumbs observed.
- Moderate range of motion reduced in the right side: flexion reduced 30°, 30° abduction, and 10° adduction.
- There were no neurological abnormalities detected in the upper limbs, with normal power, tone, deep tendon reflexes and no sensory deficits detected.
- Examination of the right hip and legs was unremarkable.
The examination was consistent with “whiplash injury to the neck and right shoulder” as diagnosed in the hospital discharge report.
Review of Documentation
Discharge summary from St George Hospital: indicates MVA occurred and no diagnostic entities identified. These findings are indicative of a minor injury.
Motor Accident Medical Certificate: confirmed the diagnosis of a whiplash injury, Hyperextension injury of the neck involving the trapezius muscles.
Neck – soft tissue injury
Right Shoulder – pain referred from the soft tissue injury to the neck.
Injuries to the scalp, right side of chest and right hip are considered to have resolved.
Section 1.6(2) of the Act
A soft tissue injury is (subject to this section) an injury to tissue that connects, supports or surrounds, other structures or organs of the body (such as muscles, tendons, ligaments, menisci, cartilage, fascia fibrous tissues, fat, blood vessels and synovial membranes), but not an injury to nerves or a complete or partial rupture of tendons, ligaments, menisci or cartilage.
Schedule 1  clause 4 of the Motor Accident Injuries Regulation 2017:
- An injury to a spinal nerve root that manifests in neurological signs (other than radiculopathy) is included as a soft tissue injury for the purposes of the Act.
The following injury is a minor injury
- Neck – Soft tissue injury
- Right shoulder – pain referred from the soft tissue injury to the neck.
- (Resolved) Scalp injury
- (Resolved) Right side of the chest
- (Resolved) Right hip