On 9 September 2014, Mr Messenger was crushed by the excavator that he was operating in the course of his employment. Unfortunately, he never regained consciousness and died within a few minutes.
Mr Messenger’s dependents were paid a lump sum death benefit pursuant to section 25 of the Act and funeral expenses under section 26.
In 2015, the Estate lodged a claim under section 66 seeking permanent impairment compensation for Mr Messenger’s injuries.
The matter was referred to an Approved Medical Specialist (AMS) who initially assessed 100% permanent impairment. However, the decision was reconsidered at the request of the employer and the AMS concluded that the injuries suffered by Mr Messenger were not permanent because death was inevitable within a short time frame after the injury. The AMS therefore re-assessed 0% permanent impairment.
In 2017, the Estate lodged an appeal against the decision of the AMS. The Medical Appeal Panel (MAP) found that Mr Messenger’s injuries would likely have been with him for the rest of his life and a further certificate was issued assessing the degree of impairment at 100%.