A bittersweet case of failure for Allianz workcover insurance and their doctors

shame-on-you

Further to yesterday’s very popular post about “which workcover insurer would you choose if you were an employer”, here is a well-fitting legal case about a completely sick (if not most criminal) attempt of Allianz to attempt to defeat and destroy a genuinely severely injured man in a supreme court of law! The tactics used by Allianz’s defense lawyers and their medical hired guns are so sickening and outrageously deceitful that I nearly vomited reading the case.

Allianz insurance was defeated on all points in its Supreme Court denial of diminished working capacity for a 22-year-old sugar mill worker, injured in October 2001. Robert Girone sustained neck and back injuries as well as a serious right leg fracture.

Allianz – represented by McInnes Wilson – admitted liability but contended for the duration of the three-day Townsville trial, that the plaintiff was a fraudster who exaggerated his injuries and fabricated a limp and muscle spasms.

Allianz workcover insurance and their independent medical ‘doctors’: the lowest of low-life on earth

In one of the many blows to Allianz, its surveillance footage was held to be so lame that it actually assisted the plaintiff  😉

His honour inferred that had there been anything more  damaging to the plaintiff to come from  the surveillance, it would have been  enthusiastically produced.

But in the most compelling chapter of this tale, Orthopedist Dr Toft and Neurologist Dr Cameron both gave evidence that the plaintiff had no disability at all. As did the insurer’s occupational therapist. (right, mate, these doctors will now go on our black list of hired guns)

On the other hand for the plaintiff, Dr Maguire assessed his disability at 27% and Dr Campbell diagnosed upper and lower back pathology as well as neurological symptoms in his right leg and right hand. Therapist Catherine Purse assessed him occupationally, as having poor prospects of returning to work.

Accounting for the wide gap among the two groups of experts was the insurer’s suspicion that the upper and lower back injuries were a “recent invention”(WTF!!!). Allianz asked its experts to assume that the plaintiff had never previously complained about his upper and lower back symptoms.

In the second rebuff to Allianz, the court found this premise was plainly wrong: naturally “the focus would be on what was a very serious injury to the leg” but even so, the emergency room registrar had drawn a sketch in the chart showing the plaintiff with a back problem! Physiotherapy records also revealed early neck and back complaints.

As a result, the opinions of Dr Maguire and Dr Campbell were both robustly accepted.

As for the muscle spasms not being a constant feature of the plaintiff’s condition, the court held that they were quite likely variable, the spasms appearing on some occasions, involuntarily for no specific reason.

And in a further rejection of the insurer’s suspicions, it ruled that the  plaintiff’s limp could quite understandably be present on “bad days” but not on good ones.

The plaintiff had a chequered working history and his mill work was a seasonal job: for the crushing season. He  had also been off work after two minor injuries at work in 2002 and 2003 and a motor accident in 2004 after which his employment was terminated.

Thus there were “many contingencies to be allowed for” in the assessment of loss of earning capacity but, in the words of His Honour “these move in both directions”.

Nevertheless the court concluded that the plaintiff had indeed sustained “a substantial destruction of his earning capacity” and awarded future economic loss at $400 per week as part of the overall judgment of $661,000.

* Girone v Allianz & Denholm [2010] QSC 420

[Source: Take the Law…the blog of Carter Capner Law]

 

I am SHOCKED to read to what f*cking length those Allianz scumbags went to try to deny this poor injured man’s so obvious injuries, isn’t this just outrageously criminal? Imagine sitting in that court room and having to listen to Allianz defense lawyer and their so called expert IMEs (hired guns) who found NO DISABILITY whatsover…??? Jesus, I would have gotten off my chair and single-handedly squeezed the last breath out of every single one of ’em! Hallelujah. Thanks God for a great Judge with some morals and clever enough to see through pond scum!

7 Responses to “A bittersweet case of failure for Allianz workcover insurance and their doctors”

  1. This story has almost exactly, identical circumstances to my case with Allianz.

    I had a serious vehicle accident, not at fault and Allianz accepted liability. I have MRI scans to show spinal damage, I had busted ribs, nose, a host of other injuries to neck shoulder, nose reconstruction and the list goes on.

    like the above story almost to the last letter, Allianz had all their doctors say im fine, nothing wrong with me. Ive been left to live my life on Morphine to deal with the spinal pain, among other disability, My neurosurgeon said he would operate to try and repair some spinal damage only for the fact where the damage is would mean cutting through nerves which may leave me worse, so its better to live as i am with a disability and life long medication.

    I lost my job as i can no longer work. My job was a career job, over 100K a year and climbing up the ladder to well exceed those future earnings. Allianz Doctor thugs all seem to find that there is nothing wrong with me, how is that possible?

    I have had over 200K spent on rehabilitation expenses so far and continuing. My case went to CARS and I had a good result at CARS in my favor, so Allianz decided they didnt like that finding and will refer it to the supreme court for an appeal.

    I cant understand how these people live, sleep at night, or in fact are entitled to breath air. I have lost my life, it will never be the same again, i will never make an income, my family have suffered horribly, Ive lost my home as i couldnt pay for it after the accident, we have relied on charities now and then since this accident for food , even travel money so i can get to my specialists and doctor appointments.

    My mother in her 80`s has become my full time carer working to help me around the clock and most of my time is spent bed ridden drugged to the hilt trying to cope with pain. Allianz hired surveillance people to watch my the place where i am now as a result, surveillance almost around the clock, they spent up big on this and only filmed me twice in all that time.

    On the first occasion they filmed me going to an appointment they set up for me to attend one of their thug doctors, the second was in the drive way of where i stay, and the footage they got of me only then clearly showed my injuries.

    In the CARS court, they said i was putting it on as i must have known i was being filmed. Their thug defense looked at me and said ” I put it to you that your a bold faced lair” among a host of insults and accusations they said at the court.

    Another thug of theirs , after he saw the surveillance footage said ” he is nothing but a drug addict looking to Allianz for a quick buck” H said that based on my appearance , 4 years on, seeing a very sick person on footage on morphine trying to get to a doctors appointment that they set up.

    Yes i look horrible, the morphine has caused my skin to break out in sores, like a drug addicts skin does, I have no clothes other than two jackets one pair of jeans with no money to buy clothes given how many years this has been going on for me without much income, im down to just the bear minimum of things in life.

    All the savings i did have at the time of the accident was spent trying to keep my house, till ultimately i lost it. I am embarrassed to say i look bad, but why would they call me a drug addict…. what the hell…! sometimes of a night i lay in this bed and i cry, in pain, when the pain is so excessive out of desperation i take more Morphine, yes, ill do anything to try and reduce what im going through!!!! and twice i have been admitted to hospital with accidental overdoses as a result.

    Ive come close to suicide beyond the accidental overdoses because i cant live like this, i have no quality of life, Ive lost my livelihood, my social life, many of my friends have long gone, i cant go out to clubs or pubs or social outings, and have not done so since the accident either!

    I cant enjoy life, and there is nothing to enjoy, there is nothing for me other than pain which overwhelms me when it is at its worse.

    These are the basics as to my situation. I can not and will never understand how Allianz can in good conscience do what they are doing to me or my family, this is like a hell out of a Nazi death camp, its slow death for me, bit by bit by bit at the hands of monsters, absolutely no different to Hitler.

    I cant continue like this, i know this will result in an early death, without the quality of life i have and no relief from pain but to instead be perused by Allianz for having an accident, where someone ran me over, which clearly i was not at fault and here i am now being harassed and victimized by Allianz, its thugs and its ‘hit men’.

    IF anyone is considering using Allianz for insurance, read the above, !!! think you will be OK with Allianz? THINK AGAIN!

    • Dear Nathan, I am terribly sorry to hear what you have been and are going through, and yet I am not surprised. I also wonder how these people [be it Allianz, Xchanging, QBE..] can sleep at night – I have even asked my own ex disgustingly criminal case manager this question before!
      You have to remember that insurance companies are BUSINESSES who focus solely on MAXIMIZING their profits – BY paying you (the injured workers) as little as possible, simple as that. Thy will do ANYTHING to maximise profit and mitigate losses (costs), and could not care less how they achieve it [lying, deceit, cover-up, fabrication and manipulation of medical records etc]. In the process they make us [injured workers] sicker and sicker and I would not be surprised that they’d rather have someone commit suicide than to have to pay for their life long care.
      Try to keep a little faith in the justice system for more and more judges are seeing through the dirty tactics used by insurance companies.

      Also, you may want to get a referral for psychological treatment/support, especially during this very difficult time. And Allianz ought to pay for it! Also please consider a referral to a pain specialist.

      You need support to manage your pain better and with your morphine use – there are options to decrease morphine usage by using a combination of different pain medications including nerve pain meds and anti-depressants (and I am talking from my own experience). A consultation with a good pain specialist may help you heaps – it certainly got me out of a “sh*t-hole”.

      Please reach out and look after your self as best you can in the first place, you and your health and well-being are a priority and should always be.

  2. I was just on-line looking for a workcover insurance quote.   Now I will NEVER EVER get a quote from Allianz for ANY of my insurance needs – and I will make sure that none of my friends do so either.

    Just how low can insurance companies go?

  3. We the people need to stand up and demand political change.

    For too long, we’ve allowed slick marketing to make us apathetic, and believe that we have no power.   WE ARE THE PEOPLE.  Nobody has power BUT us unless we allow it to be taken away.

    Who will fight for what’s RIGHT and JUST, regardless of what’s “in it for me” ?!

    Honestly, I’ll be midly shocked if I get anyone saying “I”, the apathy runs deep, and the many vicitms who commit suicide every year I’m increasingly convinced have the right idea.

    I can hear the TAC cracking their million dollar beers with their political and media buddies at an AFL match and cheering already.

    Ben.

  4. How on earth can an educated medically trained doctor, who swore on a bible at graduation, make such a false, deceitful allegations about another HUMAN being? To state and testify, again by swearing on a bible, that this person is a fraudster and is fabricating a limp, inventing a back and neck injury and what-not is just un-f*cking-believable! In what a world do we live? How do these two morons (and the Allianz team) sleep at night, eat, drink, party, breathe? They are oxygen thieves as far as I am concerned. Their medical licenses should be taken away from them immediately for a start. May these conscious-less evil beasts die a most horrible death as soon as possible and rot in hell. I am sickened.

  5. And this is where individuals need to be held accountable.

    The doctors involved should have had complaints lodged against them with the respective Medical Board.

    The Allianz case managers involved should have been tried for fraud.

    Allianz is a corrupt organisation, employing corrupt case managers and team leaders. These people kill injured workers just so they can get their team bonus.

    They are filth.