Important Takeaways:
- The panel found that the Claimant's mother's cancer diagnosis, although unrelated to the subject accident, had not "severed the chain of causation and the subject MVA remains a significant causal factor in her current psychological injury".
Facts
The subject accident in Vuong v
The Claimant successfully applied for a Review of Assessor Jones' assessment.
Review Panel Examination
The Claimant denied a psychiatric history and reported that she had become anxious in the subject accident, but had no major worrying thoughts about being severely injured in the accident.
Following the accident, the Claimant's symptoms of depression and anxiety worsened. Initially, her symptoms were related to the shock of the accident - although they subsequently related to her mother's deteriorated physical health and dependency on her.
The Claimant's mother's cancer diagnosis also had an additional impact on the Claimant's psychological health.
The Review Panel Decision
The panel found that whilst the Claimant's mother's cancer diagnosis was unrelated to the subject accident, it had not "severed the chain of causation and the subject MVA remains a significant causal factor in her current psychological injury".
The Panel diagnosed a Persistent Depressive Disorder, noting that the Claimant's depressive symptoms had persisted since the accident which had occurred over 2 years prior and certified that this was a non-minor injury for the purposes of the Act. The Claimant's symptoms were noted to include depressed mood, poor appetite, insomnia, fatigue, poor concentration, and feelings of hopelessness.
The Panel noted that the Claimant's symptoms were not severe enough to justify a diagnosis of MDD. They also noted that the subject accident was not a threat of serious injury or death - and as such, she did not fulfil the criteria for a diagnosis of PTSD.
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