Hiring a removalist does not constitute “treatment and care” for insurance purposes, the NSW Personal Injury Commission has found. 

Sangmin Choi was injured in a car crash in August last year and in May this year made a claim for a removalist and domestic cleaning services. 

But insurer QBE refused to pay for the removalist on the basis it did not fall within the definition of “attendant care services” in the NSW Motor Accident Injuries Act.  

It declined the claim for domestic cleaning on the basis it was not reasonable or necessary. 

Mr Choi said the accident caused a whiplash-type injury and progressive symptoms including nausea, headaches and spinal pain with signs of a pinched nerve. 

He took his case to the Personal Injury Commission, which referred the claim for cleaning costs to its medical services pathway for an assessment. 

The commission has rejected the claim for the removalist, saying the injuries act allows for everyday expenses but the removalist was a one-off cost. 

An everyday expense might not be incurred daily, but it should involve a service that is “usual, ordinary, mundane, routine or regular”. 

Everyday tasks can include personal assistance, nursing, home maintenance and domestic services. 

Hiring a removalist to pack and unpack did not constitute treatment and care because it was not designed to facilitate Mr Choi’s recovery or his return to work. 

Law firm McCabes’ compulsory third party practice group leader Peter Hunt says the decision gives “another useful example of a service which is not an everyday task”. 

The decision is available here.