Elderly Worker Succeeds Against Insurer in the Workers Compensation Commission for Lost Wages & Medical Expenses

Published 16 Feb 2018

Our client worked as a storeman for a manufacturing company for 20 years. His employment involved repetitive heavy lifting and carrying.  As a result of the nature and conditions of his employment, our client developed a serious injury to his lower back.

Our client lodged a Claim Form for injury with the Workers Compensation insurer.

The Insurer declined our client’s claim and issued a Section 74 Notice alleging our client’s injury did not occur during the course of his employment and that the back injury was due to a pre-existing or underlying conditions relating to his age.

As a result of the back injury, our client was not able to return to work in any capacity for over two and a half years. Our client also required lumbar spine surgery which he paid for out of his own pocket. As liability for the injury was declined, the Workers Compensation insurer did not make any contributions to the payments of our client’s weekly benefits or medical expenses.

We were able to obtain expert evidence to support our client’s back injury being work related. The law in NSW requires that a worker has to prove that employment is the substantial contributing factor to their injury and present condition.

We also obtained reports from his treating doctors to support employment was the contributing factor to our client’s back injury and that our client was not able to return to any form of employment in the last two and a half years.

We then file an Application in the Workers Compensation Commission to have the matters in dispute determined.

At telephone conference, we successfully settled our client’s claim for over $150,000.00 in benefits. Our client received 2.5 years of weekly benefits, at the maximum entitlement period, and was reimbursed for all out of pocket expenses including the costs of the lumbar spine surgery. We also successfully settled a permanent impairment claim for 24% Whole Person Impairment of his lumbar spine.

Have you suffered a work place injury? Or do you know someone who has?

Contact Gerard Malouf and Partners on 1800-004-878 for a complementary free consultation to assess your legal rights and to provide you with free advice.