Case Overview
Our client, a 37 year old former Health Sciences Manager was employed to manage the operations of her primary employer and subsequently offered a second position to manage her primary employer’s sponsor company.
She was advised that full-time support and administrative assistance would be provided to her so she could manage her employment obligations between the two companies. Whilst working two jobs her responsibilities doubled and she was not offered the full-time assistance that was negotiated with her employer.
As time passed, our client’s work environment became progressively untenable as she was subject to miscommunication, dismissive attitudes, divergence from procedure and excessive micro-management.
This led her to break down and suffer significant psychiatric injury including but not limited to Adjustment Disorder, Major Depressive Disorder, Anxiety and Depression. She has been unable to return to any form of work since.
Our Approach
While initially engaging the professional services of Gerard Malouf and Partners in respect of a Workers Compensation claim, our expert Solicitors quickly identified a potential further claim to be explored on her behalf.
As part of the assessment process a superannuation fund is required to assess whether a claimant is likely or unlikely ever to work in a job they are reasonably suited for by way of their education, training or experience. When a claimant is young, what a superannuation fund it may come into question whether their injuries permanently impact on their ability to return to work within a meaningful capacity in the future.
As such, it is important that great care is taken into consideration at the time of preparing the detailed submissions to submit with the claim. Our Solicitors investigated and gathered extensive evidence to establish that our client’s prior work experience was limited to one field so it was unlikely ever that she would be able to return to employment in the same or similar capacity in the future. It was further argued that should our client have some capacity to perform work in the future any return to work would pose significant stressors that would lead to further aggravation of her psychiatric condition.
The Result
The claim was approved in full in less than five weeks after lodgement for over $200,000
Angelica Adhar
Senior Superannuation Case Manager
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