For insurers, payments to the Compensation Recovery Unit (CRU) can seem as certain as death and taxes (and just as pleasant). Coming at the conclusion of claims and where hard fought issues of liability and quantum have finally been resolved, the prospect of closing and archiving the file is all too tempting. However, a little patience (and a small further outlay in legal fees) can pay dividends as some recent cases dealt with by our Belfast office demonstrates.
One such example concerned a case made by a Claimant who had sustained injuries to her foot and back. CRU was £25,224.30. Claimant left her job as an accountant 9 months after accident; occupational health records and benefits agency records noted Claimant had to leave job due to back pain. She claimed she had trouble sitting in one position all day. Medical evidence confirmed the injuries but severity of symptoms was questioned. Claimant then commenced a law degree. We requested a review of the CRU certificate based upon the medical evidence alone, but were unsuccessful. We requested a further review on the basis that Claimant was unable to work full time due to her studies and also that her proposed new career in law would require her to sit in one place for long periods in any event. Accordingly, it was accepted that Claimant’s choice to undertake further studies prevented her from working. Certificate reduced to £119.51.