Our client was working as a teacher at the time of her injury.
Prior to commencing employment at the school, our client had an underlying bipolar disorder type II for which she was receiving psychiatric treatment.
Our client was stable from this disorder at the time she had commenced employment at the school and was no longer engaging in any counselling or receiving psychiatric treatment.
Over a 6-year period, our client was exposed to various distressing and traumatic incidents at the school, involving unruly and aggressive behaviours from students.
She was verbally abused and sexually harassed by a student. On one occasion, the principal’s wife pressured our client to use her father’s prosthetic leg as a door stop for her classroom. During another incident, our client was forced to watch a video of a man committing suicide by shooting himself in the head.
As a result of these incidents, our client began to experience psychological disturbance and developed anxiety and depression.
She consulted her GP multiple times regarding her feelings of distress and struggles to get out of bed. Eventually she broke down in the staffroom and was taken to hospital where she was admitted to the hospital’s private psychiatrist facility for three weeks.This incident made our client realise she could no longer handle the difficulties she was experiencing in her workplace.
One of the first steps in our approach was to obtain IRO funding, in addition to seeking section 126 documents, medical reports and clinical notes.
We arranged an independent medical examination for our client. The examiner reviewed clinical notes, medical reports and a letter of instruction before they assessed our client. Following this assessment, the report stated that our client was suffering from 17% WPI due to her workplace injury.
The insurer also arranged an independent medical examination for our client to attend. This report subsequently said that an impairment assessment could not be provided and stated that our client had not reached MMI (Maximum Medical Improvement). The report suggested that our client’s injury was in relation to her pre-existing bipolar disorder being aggravated as a result of exposure to the distressing incidents she experienced at work.
We were not satisfied with the reports that were produced based on the independent medical examination arranged by the insurer. We served an ARD (Application to resolve a dispute) to the insurer’s solicitors which resulted in a Medical Assessment arranged by the Personal Injury Commission (PIC).
Following the medical assessment that took place in February 2023, a MAC (Medical Assessment Certificate) was provided by the medical assessor that found that our client had suffered from 20% WPI as a result of her workplace injury.
Our client accepted a lump sum settlement of 20% whole person person impairment (WPI) from the insurer in the amount of $53,470.00, in accordance with a Medical Assessment Certificate.
We work with experienced medical legal experts and barristers to ensure our clients receive the maximum compensation they deserve. Our expert team here at Gerard Malouf & Partners offer a “no win, no fee” arrangement where the client does not have to pay any fees until their matter is successfully resolved.
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