Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 16 February 2019.
Kylie commenced work as a young Police Officer in 2001 and in the course of her duties between that time and early 2008 she was exposed to numerous traumatic incidents.
By early 2008, Kylie was receiving regular medical treatment for anxiety and depression and was engaged in non-operational duties until August 2010 when unfortunately, she was not able to work at all.
Apart from Kylie’s police work, she had obtained a certificate in childcare and worked in a childcare centre, as well as obtaining a driving instructor training certificate and working as a driving instructor.
In 2012, Kylie made a claim under her Total and Permanent Disablement (TPD) insurance which is payable from insurance attached to her superannuation fund.
Her claim was supported by her treating psychiatrist who diagnosed Kylie with a post-traumatic stress disorder and a major depressive disorder.
Unfortunately, the TPD insurer rejected Kylie’s claim.
Kylie is extremely concerned about her future and her young family’s financial security.
After receiving legal advice, she applied to the Court to challenge the insurer’s decision on the basis that in determining her claim, the TPD insurer failed to act “reasonably and fairly”. The Court found this was so, enabling the Court to decide whether the TPD definition had been satisfied.
The Court ultimately finds that Kylie is entitled to TPD benefits, having been absent from her occupation as a Police Officer through “injury or illness” for six consecutive months and on the basis that she had proved that she had become incapacitated to such an extent so as to render her “unlikely to ever engage in any gainful profession, trade or occupation for which she was reasonably qualified for by education, training and experience”.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
