Our client had initially resolved two lump sum claims for his impairment to both shoulders in late 2009, due to injuries caused during the course of his work. It was determined that he had an impairment to the right shoulder of 6% whole person impairment and to the left shoulder, 9% whole person impairment.
Following the resolution of the lump sum claims our client continued to experience symptoms of numbness to both of his arms and this was further investigated by his treating Neurologist. It was determined that the origin of his injuries was from his neck. We had then obtained medical evidence from his treating Neurosurgeon who clarified that the neck injury was the origin of the initial work related injury rather than the shoulders. This had prompted the Neurologist to recommend surgery and our client underwent surgery for a fusion to his cervical spine (neck).
We then proceeded to have our client examined once again to determine the level of his impairment and obtained a very high assessment by our own medico-legal assessor who came to the conclusion that our client had an impairment of 27% whole person impairment for the cervical spine and gave an opinion that the neck injury is related to his work incident.
Obviously, the insurer had disputed this further claim. However, with supportive medical evidence by our client’s own Neurosurgeon and also support by the medico-legal assessor, the insurer had little evidence to challenge the issue of causation. It was conceded that employment did cause the injury to the neck even though it did not form part of the original claim.
The matter was referred to an Approved Medical Specialist to determine level of impairment once the issue of causation had been agreed. The Approved Medical Specialist returned an assessment of impairment of 25% whole person impairment to the cervical spine. Our client received a further $79,000.00 for his impairment and pain and suffering.
This has been a resounding victory for compensation which has been achieved by us at Gerard Malouf & Partners. The claim was resounding and also against the odds, as the original injury had occurred in June 2007 however the first notation of the neck injury had occurred three years later in May 2010.
Of course, our client is most satisfied with the professional service provided to him by Gerard Malouf & Partners. We were able to obtain further lump sum compensation for him. Additionally, as a result of this settlement, our client’s medical expenses will have to be paid which includes surgical costs. The level of impairment now also allows him to obtain ongoing weekly compensation without fear of a work capacity assessment as the combined impairment level is now beyond 30% whole person impairment.
For our team here at Gerard Malouf & Partners compensation lawyers, cases are never too hard and in this instance, never too late.