Teacher wins TPD claim for $247k in less than 2 months of lodgement
Published 21 Jun 2019
Ms C was employed as a Secondary School Teacher with the Department of Education.
Following incidences of workplace bullying and harassment, she experienced symptoms of severe anxiety and depression ultimately leading to the cessation of all employment in 2015.
In addition to anxiety and depression, Ms C suffered from agoraphobia, memory impairment, frequent nightmares, had difficulty concentrating and making decisions. She was also subsequently diagnosed with secondary conditions including SLE, cerebral lupus and lumbar puncture in 2017.
Ms C first became psychologically incapable of returning to work due to her high levels of generalised anxiety, reduced threshold for agitation and panic episodes under normal levels of classroom stress. This was also accompanied by low mood, impaired attention, concentration and memory.
While initially engaging the professional services of Gerard Malouf and Partners in respect of a Workers Compensation claim, our expert Solicitors quickly identified a potential further claim to be explored on Ms C’s behalf.
In preparing the claim for lodgement, our Solicitors considered what the appropriate “date of disablement” would be noting Ms C had multiple conditions diagnosed over the course of a few years. When assessing a claim for total and permanent disablement, the Superfund/Insurer are required to determine the date which the member became “disabled”. This date can make or break the outcome of a claim.
In Ms C’s case, it was argued that the date of disablement should be taken to be on or around the date she ceased work as a result of her psychological injury despite her subsequent deterioration and physical ailments. A later date would likely have rendered the claim unsuccessful.
Detailed investigations were undertaken, and the claim was subsequently lodged with extensive supporting evidence. The claim was approved in full in less than two months after lodgment for over $274, 000. Ms C was greatly relieved and thankful for the swift outcome achieved by Gerard Malouf and Partners.
While a TPD claim may appear to be a straightforward process, often there are complicating factors that can arise. Engaging professional services can increase the likelihood of your matter being resolved in the first instance without having to go to Court. To discuss any potential entitlements you may have, please contact our firm for a free consultation on 1800 004 878.