Former Labourer wins 2 TPD claims totalling $455k

Our client held existing workers compensation and public liability claims with Gerard Malouf and Partners and in light of his cessation of work, our client was identified as potentially having a further entitlement for total and permanent disablement.

As part of our services, a Lost Super Search was undertaken which revealed that our client held active insurance with two superfunds – AMP and Cbus. Therefore, he was entitled to make two TPD claims which our client was completely unaware of.

Our solicitor was mindful that in some instances where an individual is relatively young, it can be perceived that they have the capacity to retrain or possess transferrable skills which would allow them to return to employment. Further, considering his musical career, there was a potential argument that he would be able to resume to sedentary work even if he were unable to resume his manual work.

 For this reason, upon lodging the claims, these potential issues were addressed before they could be raised. For example, our solicitor argued in accordance with the principles established in Hellessey v MetLife Insurance Limited [2017] NSWSC1284, that our client’s age did not automatically insinuate that he had the capacity to undertake retraining in alternative job industry and therefore disentitle him from making a claim. Upon review of various medical and employment documents which had been gathered, both claims were prepared and lodged with responses issued in respect of the additional requests from the Funds.