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Impact of ill health retirement on claims?
I am currently studying for my Specialist Paralegal qualification in Reparation Law (Scottish) and looking for some more info/advice on one of my assignments...
The scenario given in the assignment is:
You are acting for the defenders in an action arising out of an accident at work. The Pursuer, Mr. Devlin, fell from a roof and fractured his heel. He was employed as a scaffolder at the time but is now unfit for manual work. Your Clients, the employers, accept that he will not be able to return to his previous employment. They have offered him a lighter job as a store man. Mr. Devlin has rejected the offer saying that he does not like working indoors and, in any case, he is not yet fit for any job which involves him being on his feet during the day.*
Mr. Devlin is 32 years old. The accident happened one year ago and up until now he has been receiving his full pay. The Personnel Department have obtained a report from the company’s Medical Officer who is a GP. The medical Officer considers that Mr. Devlin will never be fit for his previous job but is likely to return to work as a storeman in the next few weeks as long as he does not have to stand for prolonged periods.
The Personnel Department are fed up with all the hassle and are thinking of giving Mr. Devlin ill health retirement. They ask for your views:
a. How would you advise them?
b. What would be the implications of ill health retirement for the value of Mr. Devlin’s claim?
c. Should any further steps be taken to investigate Mr. Devlin’s capacity for work?
*
I have answered the first and third questions but with regards to the implications ill health retirement may have on the value of the defenders claim, there's not a great amount of information in my textbook.
*
Am I correct in thinking that should the defender be granted ill health retirement, the potential implications would further heads of claim which could now be included? Such as future wage loss, pension loss and loss of employability/disadvantage on the labour market? Or is there something I’m missing?*
*
I only deal with RTA’s in my current position so advice would be appreciated!
Thanks!
The scenario given in the assignment is:
You are acting for the defenders in an action arising out of an accident at work. The Pursuer, Mr. Devlin, fell from a roof and fractured his heel. He was employed as a scaffolder at the time but is now unfit for manual work. Your Clients, the employers, accept that he will not be able to return to his previous employment. They have offered him a lighter job as a store man. Mr. Devlin has rejected the offer saying that he does not like working indoors and, in any case, he is not yet fit for any job which involves him being on his feet during the day.*
Mr. Devlin is 32 years old. The accident happened one year ago and up until now he has been receiving his full pay. The Personnel Department have obtained a report from the company’s Medical Officer who is a GP. The medical Officer considers that Mr. Devlin will never be fit for his previous job but is likely to return to work as a storeman in the next few weeks as long as he does not have to stand for prolonged periods.
The Personnel Department are fed up with all the hassle and are thinking of giving Mr. Devlin ill health retirement. They ask for your views:
a. How would you advise them?
b. What would be the implications of ill health retirement for the value of Mr. Devlin’s claim?
c. Should any further steps be taken to investigate Mr. Devlin’s capacity for work?
*
I have answered the first and third questions but with regards to the implications ill health retirement may have on the value of the defenders claim, there's not a great amount of information in my textbook.
*
Am I correct in thinking that should the defender be granted ill health retirement, the potential implications would further heads of claim which could now be included? Such as future wage loss, pension loss and loss of employability/disadvantage on the labour market? Or is there something I’m missing?*
*
I only deal with RTA’s in my current position so advice would be appreciated!
Thanks!
