Manglicmot v Commonwealth Bank Officers Superannuation
Corporation Pty Limited [2011] NSWCA 204 (27 July 2011)
Member accepted redundancy – member unfit for
full-time work but fit for part time work – policy did
not provide TPD benefit as member fit for part time work
– six months consecutive absence from work not due to
injury or illness
Introduction
The NSW Court of Appeal has delivered an important decision
which addresses the relevance of capacity for part-time employment
to TPD claims.
In a decision which will be welcomed by the life insurance
industry, the Court of Appeal has found that a member who is able
to engage in suitable part-time work, but not full-time work, is
generally precluded from recovering a TPD benefit. In doing so, it
dismissed the member's appeal against Justice Rein's
decision.
