A NSW Supreme Court judge has ordered a TPD claimant to undergo a neuropsychological assessment sought by Zurich.<\/p>\n
The judge ruled the assessment was likely to produce evidence material to determining whether the claimant was suffering from a disabling psychiatric condition.<\/p>\n
The claimant is pursuing a TPD claim alleging conditions including:<\/p>\n
Zurich applied to have the claimant examined by a consultant clinical neuropsychologist arguing the claimant\u2019s evidence raised concerns about cognitive impairment, including poor memory, concentration difficulties, and problems handling financial affairs.<\/p>\n
Court documents revealed competing medical opinions had already been produced regarding whether the claimant suffered measurable cognitive deficits.<\/p>\n
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.<\/p>\n
However, the judge rejected that argument during the 5 May hearing, noting both parties\u2019 experts effectively agreed the testing was capable of identifying cognitive impairments and that neuropsychological assessment represented the \u201cgold standard\u201d for objectively measuring cognitive function.<\/p>\n
\u201cThe evidence on both sides of the record supports the proposition that an assessment\u2026is likely to produce evidence that is material to the court\u2019s ultimate enquiry,\u201d said the judge.<\/p>\n