Our client had sustained injuries as a result of her work with a disability centre. The main injury was to her right ankle/right foot however, having considered her complaints thoroughly, we obtained relevant contemporaneous medical evidence and requested our medico-legal assessor to determine impairment levels for multiple injuries and not only the right ankle/right foot.
By having the contemporaneous medical reports, we were able to request from the medico-legal assessor to determine impairment not only to that region but also the right shoulder, neck, and lumbar spine.
The insurer had not agreed to our impairment assessment and in fact, their own independent medical examiner did not examine our client for the injuries sustained to the neck and the shoulder. As there was a dispute as to the level of impairment, the matter was referred to the Workers Compensation Commission who appointed an Approved Medical Specialist (AMS).
The result of the Medical Assessment Certificate of the AMS was astounding, returning an impairment level 15% whole person impairment plus.
With proper preparation and thorough consideration of all possible injuries sustained we were able to achieve a tax free lump sum benefit for impairment and pain and suffering of just under $40,000.00. Further, our client is now at liberty to consider an option in pursuing a further claim, namely a work injury damages common law claim for negligence.