A Rejected TPD Claim Overturned

Total and Permanent Disability Claim – Rejected Claim Overturned (NSW)

The Incident

We acted for a 39-year-old construction worker whose Total and Permanent Disability claim was rejected despite clear medical evidence of permanent incapacity following serious injury.

Serious Injury and Medical Treatment

Despite extensive treatment and rehabilitation, our client was left with chronic pain and permanent functional impairment. Independent medical evidence confirmed that his condition satisfied the policy definition of Total and Permanent Disability.

The Long Road to Recovery

The ongoing impact of the injury affected every aspect of our client’s daily life, including his capacity to work, financial stability and future planning. The rejected claim placed significant pressure on him and his family during an already difficult period.

Why Specialist Legal Advice Was Required

The claim was initially rejected due to the insurer asserting our client could perform alternate work.  Rejected TPD claims require careful review of superannuation policy definitions, as well as targeted medical and vocational evidence to address insurer assertions regarding alternative work capacity.

Legal Support and Advocacy

The matter was led by Kerry Byrnes, Senior Associate and Accredited Specialist in Personal Injury Law. We obtained independent medical and vocational evidence and prepared a comprehensive appeal addressing permanent incapacity under the policy.

Securing a Life-Changing Outcome

Following submission of further evidence and detailed legal submissions, the insurer overturned its initial decision and paid the full TPD benefit to our client.

We’ll help you get back to what matters most.

Our Commitment

At Garling & Co, we are committed to supporting clients through the impact of serious injury. We provide the expert legal assistance our clients need to reset, reclaim and rebuild their lives.