Sometimes when I meet with injured workers they are anxious about disclosing something from their past medical history for fear it will adversely impact on their current claim.
Often they are relieved to discover it isn't as much of an issue as they had imagined.
A workplace injury is compensable even if it only aggravates, accelerates, exacerbates or deteriorates an underlying condition.
As long as an accurate history is provided to the medical experts, they can explain the relevance, if any, of the past condition to the current claim.
The problem with failing to disclose prior complaints to the medical experts is that it weakens their opinions, sometimes to the point of completely invalidating them.
This was demonstrated in a recent case of Palasty v Lendlease Building Pty Limited [2021] NSWPICPD 19 . The worker had a history of psychiatric ill health including drug induced psychosis, and schizophrenia. He alleged his pre-existing psychiatric condition was well managed when he commenced employment with the respondent and that he was bullied, harassed, overworked and subjected to unfair workplace expectations which led to an aggravation of his underlying condition.
He produced medical evidence from a number of experts who all provided opinions consistent with employment being the main contributing factor to the aggravation of the worker's condition.
The other evidence before the Arbitrator was inconsistent with the medical history provided to those experts. For example, one expert based his opinion on the worker's assertion that the prior condition had been well managed for 8 years. The evidence from treating doctors disclosed more recent relapses. For this reason, the Arbitrator could not accept the worker's expert opinions.
For all we know, had the medical experts been provided with the accurate history, they may still have expressed the same opinions. The fact their opinions were based on an incorrect medical history rendered them invalid.
In this case, there were also inconsistencies in the worker's evidence about his treatment in the workplace that contributed to him losing the case.
The worker appealed the decision of the Arbitrator and the appeal was dismissed.
Once it becomes apparent a worker has failed to disclose prior complaints to the medical experts, their credibility is damaged and their evidence is less likely to be accepted when it comes to other facts in dispute.
This is why honesty is always the best policy. Disclose everything to your lawyer who can then best prepare your case to deal with any skeletons in your closet.
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DISCLAIMER: This blog is made available by Mortimer Fox Lawyers to give you general information and a general understanding of the law, not to provide specific legal advice. Unless otherwise stated, all information provided pertains to injuries sustained in or in connection with New South Wales. By using this blog you understand that there is no solicitor client relationship between you and Mortimer Fox Lawyers. This blog should not be used as a substitute for legal advice. If you require legal advice please contact us for an appointment.