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      John was bullied to the point of depression. Doctors and insurers insisted he could work again – but we proved them wrong.

      John was bullied to the point of depression. Doctors and insurers insisted he could work again – but we proved them wrong.

      John

      After enduring persistent workplace bulling, John developed depression and anxiety. When trying to claim a TPD benefit, he hit a roadblock. John’s policy required him to prove he was ‘unlikely ever’ to engage in any occupation within his education, training and experience. Though his condition was serious, John’s treating doctors were not prepared to provide clear support for his claim. They suggested John retrain to find other forms of employment. The doctors’ belief that John could retrain gave his insurer cause to decline his claim. Initially, John submitted his claim without legal help. Only when the insurer was due to make their decision did he seek our assistance. We reviewed the case, noting problems in the submission and insufficient medical evidence. To help John, we used court decisions from similar cases. We argued that the intention of the TPD policy was improperly considered. It did not require claimants to retrain for a completely different occupation. John’s age and his relative lack of education further strengthened our submission. In the end, we secured a $310,000 payment for John. This included his TPD benefits and interest accrued as a result of the insurer’s delay in accepting John’s claim.

      Compensation received

      $310,000

      Claim type

      Total and Permanent Disability

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