Success Stories- Volume #13

Workers Compensation - A Successful Claim

We were engaged by an aged care worker to act on her behalf in connection with a dispute that arose with the employer's workers compensation insurer, who denied her claim for injuries to her lower back and both hips. In her role as an aged care worker, our client was constantly involved in the walking, pushing, and manually lifting patients as well as undertaking other duties of a heavy and repetitive nature. Due to staff shortages, our client would almost always find herself responsible for two wings of the aged care facility, on her own on night shift. The insurer denied liability for our client's claim based on its doctor's report which provided an opinion that the injuries were pre-existing due to advanced osteoarthritis in the right hip, requiring a right hip replacement and therefore not work related. Proceedings were prosecuted on our client's behalf in the Personal Injury Commission, but we were able to successfully resolve the matter with the insurer on the basis of the medical and other evidence gathered, providing for a finding that the injury to both hips was work related and the insurer agreed to pay for the right hip replacement. Additionally, our client's workers compensation entitlements to weekly benefits (wages) were reinstated, including arrears that were owing. Our client will now proceed with the surgery that she requires, and once stabilisation has occurred, we will have our client assessed to determine the extent of her whole person impairment to enable a lump sum claim to be made. A truly satisfying result for a most deserving client. - Lee Hagipantelis Principal of Brydens Lawyers