Adam Tayler on Employability Assessments in Total and Permanent Disability Claims

Monday May 21, 2018

Adam Tayler is employed as Special Counsel in Turner Freeman's Brisbane office and specialises in disability insurance and superannuation claims. 

 Adam Tayler

We had the pleasure of sitting down with Adam recently to discuss key challenges and opportunities facing the industry today. You can read the full Q&A below.

What are some of the key trends and developments in assessments and claims  that are  having an impact right now?

The decision of Hannover and Jones in the NSW Court of Appeal has shifted the focus away from insurers using entry level roles as part of a claimant’s education, training and experience no matter what their past work history is to more focus on those jobs that have been done before and for which the claimant’s career has shaped them.

What’s a common mistake you see people make related to employability assessment claims?

The number one error by vocational assessors is failing to actually speak to the claimant they are reporting on. Desktop or on the papers assessments lack credibility and are untested so far as the claimant’s real world prospects go.

What’s one advantage or disadvantage of working in the area of Psychiatric injury and TPD compensation claims?

A disadvantage is the poor understanding by insurers about how psychiatric illness is affecting the population and the temptation to treat them the same as physical injuries.

Are there any recent developments in TPD Claims  that you think practitioners should keep on their radar?

Policies such as the new Sunsuper TPD assist policy show a trend of life insurers wanting to be more involved in rehabilitation post injury/illness shifting the focus back on return to work.  The Federal Parliament is conducting an inquiry into this topic and legislative change may occur.

Adam is the manager of Super Claims Australia which is a Superannuation & Disability Claims specialist business conducted by Turner Freeman Lawyers. Adam also has extensive experience in employment law including industrial relations and workers compensation matters having acted exclusively in that area for the last 10 years. Adam has authored various papers and presented to many legal education programs involving Workers Compensation and Insurance. Adam is a committee member of the Queensland Branch of the Australian Lawyers Alliance.

You can hear more from Adam at the  Psychiatric Injury: Practical Perspectives seminar, being held on Thursday 21 June at the Mercure Hotel Brisbane, Brisbane.



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