Michael May appeared for the defendants, instructed by McInnes Wilson.
The plaintiff brought a claim against the defendants for a Total and Permanent Disability benefit under their superannuation insurance policy, alleging mental illnesses and spinal injuries rendered him unable to work. The plaintiff additionally claimed interests and costs. The defendants argued that the plaintiff’s mental illnesses were pre-existing and that the physical injuries did not render the plaintiff totally and permanently disabled.
The Court held that the plaintiff’s medical evidence supported that the plaintiff’s mental illnesses were pre-existing and that any back injury suffered in 2017 was not sufficient to render him totally and permanently disabled.
The judgment can be read by clicking here
