Change location v

Injured worker compensated $95,000 following purported acceptance of a voluntary early retirement

Case Overview
  • In 1994, it was alleged that our client had signed a Voluntary Early Retirement package however his position was and remains that the signature on the retirement document signalling his agreement to the package was forged.
  • We prepared a strong case by analysing every detail of what occurred back in the 1990s. 
  • Our team persisted with negotiations and eventually were able to secure a settlement of $95,000. 

Our client commenced working as a delivery officer around 1971. In the course of his employment, he injured his knees on numerous occasions and was required to undergo arthroscopic surgeries. Liability was accepted by our client’s employer for the medical treatment and our client returned to full-time work in 1991. Around 1992, our client continued to suffer from severe knee pain and was unable to return to full duties. In 1994, it was alleged that he had signed a Voluntary Early Retirement package however his position was and remains that the signature on the retirement document signalling his agreement to the package was forged.  

Our client at the time was under the impression that he would be able to return to work following his recovery from the knee injuries. Our client then attempted to return to the workforce however was unable to maintain employment due to his knee injuries. In 2018, our client applied to have back-dated incapacity payments however this offer was refused particularly due to his purported acceptance of the voluntary early retirement package.

Our Approach

Our client approached Gerard Malouf and Partners regarding this issue and was understandably upset due to having his entitlements rescinded without his consent. Mr Antonin Sebesta and his team at Gerard Malouf and Partners took on his case and commenced proceedings in the Administrative Appeals Tribunal to fight for his rights. 

We prepared a strong case by analysing every detail of what occurred back in the 1990s, gathered strong liability evidence and also arranged for our client to be assessed by our panel of expert witnesses. Our client also provided us with detailed instructions regarding the forgery allegations. 

Once we had provided the Respondent with strong evidence in support of our client, they agreed to participate in several conciliation conferences facilitated by a Tribunal Member of the Administrative Appeal Tribunal, none of which resolved his case. No meaningful offers were made by the Respondent, so the matter was set down for hearing at a later time.

The Result

Following the conferences, Mr Sebesta and his team persisted with further negotiations and eventually were able to secure a settlement of $95,000. This was a great outcome for our client especially as he had retained control in contrast to the uncertainty of litigation and the possibility of not receiving any compensation as the events in question had taken place so long ago.

Antonin Sebasta Lawyer

Antonin Sebesta

Senior Associate
As a plaintiff lawyer, I strive to be empathetic, communicative and most of all to achieve results for our clients in the least possible time and with the best possible outcome
Frequently Asked Questions

More Information

TPD stands for Total and Permanent Disability, and is usually attached to life insurance provided by your superannuation fund. It delivers a lump-sum payout if you have a medical diagnosis indicating that your life has been irrevocably changed and you will most likely never be able to work again.

In general, a TPD insurance claim takes around six months for the insurance company to assess. However, it can take longer if there is a dispute, or it can be wrapped up in a shorter time frame if your claim is extremely clear and you have the right superannuation disability attorneys on your side.

Be aware that once the insurance company has made its decision in regard to your TPD claim, the trustee of the superannuation fund will need to follow up with their own separate assessment of the claim. This can add an extra month or two to the process.

Dates are of critical importance in insurance contracts and particularly total and permanent and disablement (TPD) policies. In such policies the key defined date is referred to a Date of Disablement. This is the date that you became entitled to the policy benefit.  While there are various definitions, it is usually the latter of two (2) dates:

  1. when you became unable to work medically; and
  2. when you actually stopped work for a certain period (i.e. 3 months).

 

Why is the date important?

The date can hugely impact on what kind of entitlement and your prospects of success.  It can also change the definitions of what TPD is and may change the amount insured, especially when your policy has increased.  This is one of the ways TPD claims differ greatly from personal injury disputes.  Determining the date of disablement is critical for a successful claim and it can affect all the evidence that should be gathered.

You can purchase TPD insurance as a standalone product from insurers, although there’s a chance you may already be receiving total or partial coverage under other policies.

There are various ways that you may be entitled to disability benefits, including through:

  • A superannuation policy;
  • Life insurance;
  • Income protection cover;
  • Mortgage protection or loan protection insurance;
  • Employment disability and/or trauma cover; and
  • Sickness or accident policies.

However, you may not know how much you are eligible to receive and what criteria you must meet. Check the wording of your policies closely and contact a personal disability claims lawyer for information if you want further clarification.

Explore

More Case Summaries

© 2021 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

Website Design by MediaSmiths

Your location is currently: