Our client, Ms. S was a 53-year-old woman who sustained neck, back and shoulder injuries after being side-swiped by a motor vehicle that was exiting a car park. Prior to her injury, our client had also experienced psychological symptomology which was exacerbated following her accident. At the time of her injury, our client was employed as a Consultant, which involved the ability to sit for prolonged periods, display high levels of concentration and communication, and perform tasks with precision. Despite our client’s transferrable skills, she had significantly impaired functional capacity and was unable to return to work.
The expert solicitors at Gerard Malouf and Partners lodged the claim with extensive medical and employment information. Following the assessment of all available evidence, the Insurer issued a preliminary view that it was inclined to decline the claim on the basis that our client was able to engage in any occupation based on the skills and knowledge which she had acquired through her education, training and experience. The Insurer viewed our client’s redundancy as the reason that she was forced to cease work, rather than as a result of her injuries.
Our solicitors issued a response to this view, reinforcing the medical evidence in favour of our client. It was contended that according to the principles of Hay v Total Risk Management, an employer can terminate a contract due to the worker’s incapacitating condition just as a worker can terminate their contract for the same reason.
Less than two months following our response, the Fund advised that it had approved our client’s claim. Our client was very happy with this result.
Whilst an Insurer may provide a preliminary decision that is unfavourable to a client, the benefit of utilising expert legal professionals means that your claim will continue to be pursued to ensure that you receive the maximum benefit which you are entitled.
Gerard Malouf and Partners is 100% committed to providing expert service, expeditious results and client satisfaction. Call us on 1800 004 878 to discuss your total and permanent disablement claim today.
