driving, lifting heavy items, restocking trays, and carrying cartons.
On the day of the injury, our client was required to restack milk cartons in his truck that were previously stacked in an unstable way by his employer. He was not aware that there was milk dripping onto the floor, making the floor very slippery.
As he was stacking the shelves, he slipped and fell out of the truck falling heavily onto the concrete floor. When he fell out of the truck he landed on his right shoulder. He immediately felt severe pain in his right shoulder, however he continued working that day. After a few days, the pain in his right shoulder became unbearable and he was unable to move his right shoulder.
Our client suffered an injury to his right shoulder, and a consequential left shoulder injury. This resulted in chronic and ongoing pain in his right shoulder, stiffness in his left shoulder, radiating pain down- and inability to move his right arm. He experiences difficulty with lifting heavy objects, caring for his children, and sleeping.
After obtaining our client’s signed authorities and funding from IRO, we gathered clinical notes from medical centres that our client was attending and arranged an independent medical examination for a whole person impairment assessment.
The independent medical examiner relied on clinical notes that we provided from our client’s general practitioner, orthopaedic surgeon and the hospital that was treating our client to assist him with their examination of our client. The medicolegal report produced in relation to this examination stated that our client had suffered from 27% Whole Person Impairment (WPI).Â
Following the independent examination we arranged for our client, the insurer also had our client assessed by a different independent medical examiner who stated that our client was only suffering from 11% WPI as a result of his injuries.
We were not satisfied with the 12% WPI that was outlined in the report. As a result, we served an ARD (Application to Resolve a Dispute) to the insurer’s solicitors. As a result of us serving an ARD, a Medical Assessment was arranged by the Personal Injury Commission (PIC) for our client.Â
Following the assessment, a MAC (Medical Assessment Certificate) was provided by the medical assessor that found that our client had suffered from 23% WPI as a result of the injuries to his right and left shoulder.
Our client accepted a lump sum settlement of 23% Whole Person Impairment (WPI) from the insurer in the amount of $61,110, in accordance with a Medical Assessment Certificate.Â
Our pursuit for justice for our client does not stop here. If a worker satisfies a threshold of 15% Whole Person Impairment, as ours did here, they can commence a Work Injury Damages claim (Common Law negligence claim). We are currently investigating a Work Injury Damages claim for our client.
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.Â
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