Our client was employed as an assistant in nursing at an agedcare facility. Her duties involved repetitive heavy lifting and bending. As a result of the nature of her repetitive work, as well as an incident when lifting a chair, our client sustained a serious back injury.
Our client made a Workers Compensation Claim. The claim was declined by the workers compensation insurer and our client was refused her entitlement to weekly compensation benefits and reasonable and necessary medical expenses.
The Workers Compensation issuer denied the claim and issued a Section 74 notice. The Section 74 notice alleged the injury did not occur during the course of employment, rather it was as a result of an underlying degenerative disease or condition which was not work related.
Our client was certified totally unfit for any form of employment by her Nominated Treating Doctor. She did not have the means to consult a specialist for her back injury and was unable to get any treatment. As our client’s claim was declined, the insurer did not pay our client any weekly compensation. The insurer also declined to pay for any treatment.
Although it is true, our client had a degenerative disease or condition, we were able to obtain expert medical evidence to support the disease or condition was caused as a result of the nature and conditions of her employment and aggravated by her work.
We also obtained reports from her treating doctors to support employment was the main contributing factor to our client’s back injury and that our client was not able to return to any form of employment since the injury occurred. We also obtained a report from an expert stating that our client requires a great deal of medical treatment and investigation before she is able to return to any form of employment.
We subsequently filed an Application to Resolve a Dispute in the Workers Compensation Commission. The matter was referred to a conciliation/arbitration.
We were able to successfully negotiate with the insurer to reinstated weekly compensation benefits for our client. Our client was paid back to her first day of incapacity. The insurer also agreed to meet the cost of all reasonable and necessary treatment expenses for her injury.
Her claim is now fully accepted by the insurer and continues to receive her workers compensation benefits.
Have you suffered a work place injury? Or do you know someone who has?
Contact Gerard Malouf and Partners on 1800-004-878 for a complementary free consultation to assess your legal rights and to provide you with free advice.