Julia’s insurer argued her injury was pre-existing — here’s how we proved them wrong

Julia’s insurer argued her injury was pre-existing — here’s how we proved them wrong

Julia

Julia* suffered a serious work-related injury to her right shoulder that required arthroscopic acromioplasty surgery. When she filed a workers compensation claim, the insurer’s independent medical examiner diagnosed Julia with glenohumeral joint osteoarthritis and claimed it was unlikely that her shoulder injury was caused by her workplace accident. As a result, the insurer argued that the injury was pre-existing and rejected her claim.

To fight this, we gathered strong medical evidence from Julia’s GP and her specialist who recommended the surgery. We also had an independent orthopaedic surgeon testify in support of Julia’s case. Together, these experts provided a diagnosis, confirmed the surgery was necessary due to her work injury, and countered the insurer’s medical report. We also got updated scans that clearly showed an issue with Julia’s shoulder and a statement from her confirming she’d never had any problems with that shoulder before the injury.

Armed with this evidence, we presented the case to the Personal Injury Commission. Our team made oral submissions, arguing the surgery was reasonably necessary under section 60 of the Workers Compensation Act 1987. After reviewing both sides, the Commission ruled that the surgery was essential due to her work injury.

Thanks to this outcome, Julia was able to undergo her much-needed surgery, fully covered by the insurer. Her weekly payments were also reinstated, ensuring she received the financial support she needed during her recovery.

* Name has been changed to protect our client’s privacy.

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