A NSW Supreme Court judge has ordered a TPD claimant to undergo a neuropsychological assessment sought by Zurich.
The judge ruled the assessment was likely to produce evidence material to determining whether the claimant was suffering from a disabling psychiatric condition.
The claimant is pursuing a TPD claim alleging conditions including:
- Post-traumatic stress disorder
- Adjustment disorder with anxiety
- Depression and,
- Major depressive disorder
Zurich applied to have the claimant examined by a consultant clinical neuropsychologist arguing the claimant’s evidence raised concerns about cognitive impairment, including poor memory, concentration difficulties, and problems handling financial affairs.
Court documents revealed competing medical opinions had already been produced regarding whether the claimant suffered measurable cognitive deficits.
The claimant’s legal team opposed the application, arguing neuropsychological testing was more relevant in cases involving suspected brain injury or neurological disease rather than psychiatric illness alone.
However, the judge rejected that argument during the 5 May hearing, noting both parties’ experts effectively agreed the testing was capable of identifying cognitive impairments and that neuropsychological assessment represented the “gold standard” for objectively measuring cognitive function.
“The evidence on both sides of the record supports the proposition that an assessment…is likely to produce evidence that is material to the court’s ultimate enquiry,” said the judge.
Click here for the full judgment which is published on the Supreme Court New South Wales website.
