TAC decision to reject medical expenses overturned by VCAT

TAC decision to reject medical expenses overturned by VCAT

Redlich's Work Injury Lawyers have recently assisted an injured man in challenging a decision made by the TAC not to fund his medical expenses.

In October 2010, the Plaintiff was involved in a transport accident and sustained a variety of injuries. Due to the nature of his injuries, he was required to take a range of heavy pain killing medication, which resulted in stomach problems and constipation. In November 2011, the injured man was diagnosed as suffering a hernia, either as a direct result of the transport accident or because of the medication related constipation. He sought funding from the TAC to have the hernia surgically treated, but this request was rejected in July 2012.

Michael Lombard and Tania Marcello made an application to the Victorian Civil and Administrative Tribunal (VCAT) seeking a review of the TAC's decision on behalf of the Plaintiff. The matter was heard before Senior VCAT Member Proctor in August 2013.

In handing down his findings, Senior Member Proctor found that it did not matter whether the hernia was directly caused by the transport accident or arose as a result of his medication, because both explanations required the TAC to fund his surgical treatment. He ordered that the TAC's original decision be overturned and the matter be remitted to the TAC for further consideration.

The TAC has subsequently granted the injured man's request for hernia repair surgery.

If you have been injured as a result of a motor vehicle accident, we invite you to contact Redlich's Work Injury Lawyers on (03) 9321 9988 to speak directly to a lawyer.

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