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    • Medical Negligence
          • Medical Negligence

            We believe you deserve the best in medical care and we understand the trauma experienced when that care is less than adequate. That’s why we hold medical professionals accountable when medical care and treatment fall short of expected standards and result in adverse outcomes.

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    • Women’s Health
          • Women’s Health

            We know that there is disparity in women’s health care, treatment, and support. We are committed to improving the lives of women and strongly advocating for their wellbeing.  That is why we take a stand and hold medical professionals accountable when medical care falls short of expected standards by delivering the best outcome in medical negligence claims affecting women.

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    • Hospital Negligence
          • Hospital Negligence

            We understand you may feel let down because you have experienced inadequate or negligent care and treatment in a hospital or medical facility. Your wellbeing is most important to us and we are committed to supporting you with compassion and holding medical professionals accountable for breach of duty and negligent care.

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    • Clinical Support
          • Clinical Support

            Experiencing poor or adverse outcomes from allied health treatment can be distressing and life changing. We are here to support you through your claim and it is our aim to hold allied health professionals accountable for their breach of care by delivering the outcome you deserve to your negligence claims.

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    • I need help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Personal Injury
          • Personal Injury

            If you have been injured because of someone else’s negligence, our specialist team of Personal Injury Lawyers is here to support you with compassion and understanding providing you with the right advice. Our team has substantial experience and expertise in these matters to deliver the outcomes you deserve from your claim.

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    • Work Injury
    • Motor Vehicle Accidents
          • Motor Vehicle Accidents

            We are here to support you and give you the clarity, guidance and the right legal advice if you have been injured in a motor vehicle accident. Our compassionate team of professionals in Personal Injury law have the technical expertise and a wealth of experience to win you the compensation you deserve.

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    • Public Place Liability
          • Public Liability

            Our specialist team in Personal Injury law is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have cutting edge expertise and experience in public liability claims to deliver the outcome you deserve.

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    • Abuse
          • Institutional Abuse

            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

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    • Workers Compensation
          • Workers Compensation

            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

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    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Wills & Estate Planning
          • Wills and Estates

            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

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    • Powers of Attorney
    • Contest A Will
          • Contest A Will

            We have immense experience and specialised knowledge in family provision and wills disputes Where you have not been properly and adequately provided for under a will or where you suspect that the person making the will may not have had capacity or exercised their own free will, you need a lawyer with extensive experience and expertise. Our team of Lawyers will  provide you with advice and representation for your unique situation and deliver the best outcomes for your case.

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    • Probate & Deceased Estates
    • Enduring Guardian
    • Family Provision
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Other Services Overview
          • Conrad Curry Can assist you with a variety of services

            Our solicitors are highly experienced in providing you with expert legal advice and will keep you informed every step of the way. It’s good to know that our firm is trusted and effective with a high success rate.

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    • Professional Negligence
          • Professional Negligence

            We rely on professionals in all aspects of our lives to provide us with proper advice on which to make decisions about our financial and legal affairs. When you are let down by poor advice the results can be devastating.  We are here to support you in your claim for compensation with clarity, guidance and the right advice to achieve the outcome you deserve.

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    • Malicious Prosecution
          • Malicious Prosecution

            We believe in standing up for those people who are falsely accused and prosecuted. Our experienced legal team is here to support you with compassion and provide you with clarity, guidance, and the right advice in your claim for compensation.

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    • General Litigation
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • What to Expect
          • What to expect

            We are your law firm for life. You can count on us for the best legal advice and compassionate support. We understand the challenges you are facing and we want you to know that you don’t have to navigate the often daunting process alone. We are here when you need us. Let us help you find your way forward with our empathetic and efficient approach. Contact us. You can call us on (02) 4050 0330 for a free initial no-obligation consultation or book an appointment online for an in-person consultation or an online video appointment.

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Inguinal Hernia Workers Compensation Cases

In our work as personal injury lawyers, we sometimes come across trends or patterns emerging in personal injury claims. For example, we’ve recently achieved success in a number of work injury claims regarding inguinal (groin) hernias caused, or materially exacerbated by, heavy lifting at work.

As part of our due diligence in providing expert advice and professional services in hernia claims, we recently revisited relevant case law on inguinal hernia workers compensation.

We found that the Workers Compensation Commission (Commission) case of Eric Dickson v Midcoast County Council t/as Midcoast Water [2017] NSWWCC 197 highly relevant, and we note the following:

  • In Mr Dickson’s case, the employer had directed him to engage in awkward heavy lifting during the excavation of a drainage/sewer pit requiring him to be leaning over a bar at around the level of the hernia for extended periods, while lifting and twisting heavy things.
  • It was accepted by the medical experts in this case – Dr Hopcroft (for the worker) and Associate Professor Myers (for the insurer) – that many people, in particular men, suffer from undiagnosed hernias, and that not all hernias can be attributed to exertion.
  • However, the medical literature referred to and relied upon by Associate Professor Myers (e.g. “the 2011 article”) nevertheless indicated that up to 11% of all such hernias occurred on a background of trauma or exertion.
  • In this case, the worker did not have any symptoms of any underlying hernia but had gone on to develop symptoms within two weeks of the above-mentioned heavy, awkward lifting at work.
  • In his reasons for decision, the Senior Member stated:

 “…I accept the evidence of Dr Hopcroft to the effect that, although the applicant may have had some pre-existing weakness of the abdominal musculature or tissues that rendered him vulnerable to inguinal hernia, he may well not have developed a hernia for many years but for the exceptionally and unusually arduous work… I accept and agree with Dr Hopcroft’s opinion that the temporal proximity between that heavy work and the development of “discomfort” strongly supports the conclusion that such work did in fact cause or aggravate and render symptomatic the hernia and I further accept that the delay of some two weeks between the work activity and the appearance of the lump is not inconsistent with that conclusion, this being to some extent supported by the protocol proffered in the 2011 article for the acceptance of work-related hernia claims. I further accept the evidence of Dr Hopcroft that, for the reasons stated, it is more probable that the hernia was caused by the work activity…”

  • The Commission found in favour of the worker, determining that the workers employment was a substantial contributing factor to the development of the inguinal hernia.
  • The Senior Member also leveled some criticisms against both the insurer and their chosen doctor, Associate Professor Myers as follows:

“it causes me some disquiet that the insurer engaged him in circumstances where it could be reasonably certain that it knew what opinion he was going to express, that opinion being a general and universal one unrelated to the circumstances of any particular case. This seems somewhat inconsistent, at least in spirit, with the objectives of [the Act], which emphasise the independence and impartiality expected of a doctor.”

 “While the criticism implicit in these remarks is more properly directed to the insurer, the fact remains that Professor Myers had formed his opinion before he had even seen the applicant and, by reason of its universal and general nature, nothing told to him by the applicant was going to change it.”

In short, I do not accept that the literature relied upon by Professor Myers provides a scientific basis for a positive conclusion that there is no possible causal association between exertion and the development or aggravation of an inguinal hernia. On the contrary, I consider that the literature taken as a whole does admit of the possibility of such a connection.”

In our experience, insurers continue to deny hernia claims based on expert opinions such as that of Associate Professor Myers. Thankfully, we can refer to and rely upon the precedent set in Eric Dickson -v- Midcoast County Council t/as Midcoast Water [2017] NSWWCC 197 in support of genuine work-related hernia claims. It is our hope that highlighting these issues will prompt insurers to carefully consider their choice of independent medical examiners in future to avoid wasting public funds in having these decisions challenged before the Commission.

For more information on inguinal hernia workers compensation cases, contact the team at The Law Office of Conrad Curry today.

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