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  • Writer's pictureAlison Phillis

Medical Evidence for Personal Injury Claims

For 20 years, readers of the Centralian Advocate looked forward to the Friday edition. Therein Povey Stirk Lawyers published a 300-word tale of Fiction based on legally newsworthy events.

The following is a sample of these blogs.

23rd April 2019

Medical Evidence for Personal Injury Claims

Oscar and Grace were injured at work when some scaffolding collapsed. Oscar sustained a severe leg fracture. He has ongoing problems and is no longer able to return to his previous occupation as an electrician but is capable of administrative work. Grace suffered an ankle injury and was off work for three months. She now walks with a limp. Recently she has been suffering hip pain and her doctor has recommended a hip replacement. Grace believes that the hip condition is caused by her limp.

Oscar and Grace both made worker's compensation claims. Oscar’s was rejected on the basis that he has recovered, and Grace’s because the insurer said that her ongoing injury was due to an underlying condition. Grace has never had any hip problems before.

They both sought legal advice. Their lawyers advised them to obtain medical evidence and arranged appointments for them. Oscar’s doctor confirmed that he was unable to undertake the physical work required in his job as an electrician and his lawyer was able to successfully challenge the insurer’s denial of his claim in the Work Health Court.

Grace’s doctor said that prior to the accident she was already suffering from a degenerative hip condition even though she did not have any symptoms. He said that the limp did not cause the hip injury, which was due to the normal aging process. Grace’s lawyer negotiated a back-payment of lost earnings for the three months following the incident and advised her not to pursue her future loss of earnings.

It is important to obtain reliable medical evidence in support of a personal injury claim. If you think you might have grounds to challenge the denial of your compensation claim, you should contact a lawyer who can arrange a medical assessment.


Disclaimer: This document provides general information and is not legal advice. While we endeavour to ensure the information is correct at the date of publication, laws frequently change. If anything in this post is relevant to you, please contact us for advice on your specific situation

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