Adviceline Injury Lawyers has succeeded in the Magistrates Court to have an insurance company's decision to reject a WorkCover claim overturned.
The worker was injured over the course of her duties in the education system where she was subjected to considerable stress and conflict. Unfortunately, these aggravating factors culminated in the worker developing an anxiety disorder and panic attacks.
A WorkCover claim was lodged seeking payment of medical expenses and lost earnings incurred as a result of her psychological condition. The WorkCover insurance company rejected her claim on the basis that she had not established that her condition was connected to her employment, and was probably caused by other stressful factors in her life. The matter was referred to Conciliation but could not be resolved and a Genuine Dispute Certificate was issued.
Adviceline Injury Lawyers lodged proceedings on behalf of the worker in the Magistrates Court to have the decision of the insurance company overturned and the injured worker's claim accepted. The matter was heard before His Honour Magistrate Wright in the Bendigo Magistrates Court.
In delivering judgment for the worker, His Honour found that the insurance company had not produced any evidence to establish that the worker's symptoms were caused by the non-work related issues. He found that the most likely cause of her injury was the conditions she was exposed to over the course of her employment and ordered that the worker's claim for medical expenses and past loss of earnings be accepted.
Suffering an injury at work can be a difficult and stressful time, and it is important that you get advice from lawyers who are skilled in the system. If you or someone you know has suffered an injury at work, we invite you to contact one of our expert personal injury lawyers on (03) 9321 9988.