Supreme Court overturns Medical Panel opinion

Supreme Court overturns Medical Panel opinion

Redlich's Work Injury Lawyers have assisted an injured worker to overturn a Medical Panel opinion which did not properly consider the relevance of a pre-existing medical condition which had deteriorated as a result of the worker's employment.

The original medical panel identified the worker as suffering from a pre-existing personality disorder, as well as an adjustment disorder directly relating to his work. The Panel found that the worker began experiencing violent and vengeful fantasies about his fellow employees, and attributed this to his personality disorder. However, he had never experienced such symptoms prior to his employment.

Penny Flint and Kathy Galanos of Redlich's Work Injury Lawyers assisted the worker to appeal the Medical Panel's findings to the Supreme Court.

In his judgment, Supreme Court Justice Anthony Cavanough found that the Medical Panel had failed to consider that the worker's fantasies were new symptoms of the personality disorder and represented an exacerbation of his personality disorder which could be attributed to his employment. As a result, the Medical Panel's opinion was quashed.

Navigating the WorkCover scheme can be a difficult process. If you or someone you know has been injured whilst at work, we encourage you to contact one of our WorkCover experts on (03) 9321 9988.

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