Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 21 July 2018.
Gordon, a motor vehicle mechanic, trips over his toolbox in the workshop and sustains a serious injury to his back. The incident occurred in 2013.
Unfortunately, Gordon was unable to return to any type of work and underwent a total of three major spinal operations.
A workers compensation claim was made with the employer’s insurer relating to Gordon’s inability to work and he received weekly payments. These payments were initially 90% of his average weekly earnings but these payments were reduced to 80% after 13 weeks.
Gordon is advised that if his level of whole person impairment is more than 20%, he would be entitled to continue to receive his weekly payments until he is 65 years of age and that he would be entitled to receive any further medical treatment that may be necessary, for the rest of his life.
Gordon’s solicitor advises him that he is also entitled to a lump sum payment and that he should also receive payment for all his medical expenses.
However, Gordon only has one opportunity at having his level of impairment assessed and his solicitor advises him to wait until his injury has reached its maximum level of improvement before he has an assessment of his whole person impairment.
When his injury has stabilised, Gordon undertakes a medical examination arranged by the insurer and also by a medicolegal assessor arranged by his solicitor. Both assessors calculate his level of whole person impairment at 22%.
This level of impairment means that Gordon ultimately receives a lump sum of $35,000 and ensures that he continues to receive weekly payments until the age of 65 and medical benefits for life.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
