Against the odds: how an NT diesel mechanic took on the insurer and won

A lifetime of hard work cut short

Tom* was in his late fifties, working as a diesel mechanic in a Northern Territory mine – a trade he had done for nearly his entire working career. After decades of manual labour with heavy machinery, his knees had begun to degenerate. Tom loved his job and hoped his knees would hold out until he was ready to retire. With his retirement on the horizon, he was looking forward to a comfortable future funded by many years of hard work.

But a single mishap at work would change everything.

On a regular day in the mines, Tom was servicing one of the haul trucks. While he was walking up and down the truck's access stairs and pulling the lube hoses around, he stepped on a clip with his right foot. As he tried to steady himself, his knee overextended, and he fell to the ground. Tom’s workmates pulled him to his feet, and he continued on with his duties. His right knee became increasingly painful. After he finished his shift, he went home to rest his knee, but the pain only became worse.

A serious injury and life-changing surgery

Unable to work and in significant discomfort, Tom went to see a specialist who informed him he had a right medial tear in his knee – a complex injury that can cause lifelong pain and mobility issues. The specialist also explained that the injury to his right knee had placed additional strain on his left knee, accelerating its degeneration. As a result, he was told he would need knee replacement surgery on both knees.

Concerned about his inability to work and the cost of surgery, Tom asked his union, the Australian Manufacturing Workers’ Union, for help. With their support, he lodged a WorkCover claim, which paid for arthroscopic surgery on his right knee and subsequent knee replacements on both knees – injuries that were clearly linked to his long career as a diesel mechanic.

Following surgery, Tom’s mobility and pain improved significantly, but he would never be able to return to his pre-injury duties or work full-time again. Working as a diesel mechanic requires full strength and mobility to operate heavy machinery, and Tom now required much more rest. Not one to sit idle, he obtained a range of additional certifications, including welding, so he could return to work armed with new skills. While disappointed that his long career as a diesel mechanic had been cut short, he was determined to work part-time in a different role where he could use his new skills.

An unfair assessment of his capacity to work

Despite everyone agreeing that he would be unable to return to his pre-injury duties, Tom’s employer issued a Notice of Decision (NOD) to reduce his benefits. The NOD stated that he was able to return full-time to several alternative roles, including working as a salesperson, forklift driver or welder, and could even earn more than his pre-injury salary.

This decision meant Tom’s benefits would be cut off regardless of whether any of these jobs were actually available to him, potentially leaving him unemployed and without any income support. The decision relied on a report commissioned by the employer’s insurer and was authored by someone who had never met or spoken to him. That’s when Tom’s union representative advised him to contact Maurice Blackburn for legal advice.

Challenging the insurer and exposing flawed evidence

Our lawyers identified many issues with the insurer’s report. From speaking directly with Tom, it was clear that he was unable to stand for long periods day in and day out, and that his reduced mobility would make it impossible for him to perform most of the suggested roles.

The report also relied on what is known as an “on the papers review”. This is where an insurer relies solely on written evidence, does not conduct physical assessments or speak to the parties involved. In Tom’s case, the insurer based its report solely on medical documents. The report also claimed that he could earn well above the average wage in a retail role, despite providing no evidence from actual job listings or labour market data.

We filed proceedings to challenge the decision on the grounds that Tom was unable to work full-time due to the long-term impacts of his injuries, and that the insurer had failed to consider his real-life limitations, including his age, qualifications, prior experience and physical capacity. Our submissions were particularly critical of the insurer’s “on the papers review” – an unreliable method that should not be used to determine a person’s true capacity for work.

A hard-won outcome and a more secure future

Tom’s perseverance through the lengthy litigation process brought closure and hope for his future. With certainty restored, he can now look forward to enjoying his retirement without fear or financial pressure. This case is a testament to the strength of the partnership between AMWU and Maurice Blackburn Lawyers – working together to achieve the best possible outcomes for injured workers.

Getting help with a work injury claim

If you’ve been injured at work or as a result of your employment, there may be legal rights and entitlements available to you. Understanding the claims process and the options open to you can be an important step in managing the impact of a work-related injury and supporting your recovery.

*Names have been changed for legal reasons.