ARTICLE · 18 JUNE 2008

Total And Permanent Disablement Not Found: Employee Failed To Attempt To Return To Work

Moray & Agnew

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The NSW Supreme Court upheld an insurer's finding that a member of a superannuation fund did not satisfy a Total and Permanent Disablement ("TPD") definition.

AustraliaEmployment and HR

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Ivan Mabbett v Watson Wyatt Superannuation & Anor [2008] NSWSC 365

The NSW Supreme Court upheld an insurer's finding that a member of a superannuation fund did not satisfy a Total and Permanent Disablement ("TPD") definition. Insurers will welcome a number of the court's findings, including that the member owed the insurer a duty of utmost good faith, even though the member was not a party to the group policy.

Injury Post-Resignation

In July 2001, the member resigned from P&O Cold Logistics ('P&O'). He intended to commence work the next day with Associate Building & Construction ('ABC'). P&O accepted the resignation, but asked the member to complete his shift.

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