EXPERIENCE & EXPERTISE
Between 2004 and 2009, Nathan represented injured claimants in a wide variety of compensation matters.
In 2009 Nathan moved across to defendant practice and commenced managing claims on behalf of insurers. Over the ensuing five years, he acted on behalf of all NSW CTP Insurers as well as several interstate insurers in respect of claims arising out of motor vehicle accidents. Most of those claims were directly referred to Nathan for management, reflective of the trust and confidence shown in him by a number of CTP Insurers.
Nathan joined Moray & Agnew in 2014, bringing with him the wealth of knowledge and unique perspective he gained acting on behalf of claimants and CTP Insurers. Within a short period of time, he built a significant portfolio of claims across a number of CTP Insurers.
Nathan was appointed to Partner in 2015 and joined our specialist Major & Catastrophic Claims team. Nathan advises and acts for several CTP insurers in this highly specialised area while also managing a number of general claims with complex liability and quantum issues. Underpinning his approach to claims management is the early identification of actual and potential issues in dispute, optimising claimant recovery and achieving cost savings for insurers.
For over fifteen years, Nathan has appeared in all jurisdictions in relation to claims arising out of motor vehicle, public liability and workplace accidents. He has appeared as advocate in the Claims Assessment Resolution Service (‘CARS’) and the State Insurance Regulatory Authority’s (‘SIRA’) Dispute Resolution Service.
Nathan has developed a strong ability in relation to alternative dispute resolution. In pursuit of this, he always places a strong emphasis on resolving claims as early as possible. This is achieved by providing advice that is pragmatic while working closely with his clients and colleagues to achieve exceptional results.
Nathan is a Law Society of NSW Accredited Specialist in Personal Injury Law.
Nathan acted in a matter in which MAS determined that the claimant’s injuries had not stabilised. Nathan undertook a comprehensive investigation into the claimant’s pre-accident medical and claims history. At the same time, an Application for Further Assessment by MAS was lodged on behalf of the claimant. It was determined by MAS that the impairment arising from the claimant’s accident-related injuries was greater than 10%. Nathan’s investigation led to evidence subsequently becoming available which undermined the validity of the history reported by the claimant and the determinations made by MAS. Nathan used that evidence in support of a second Application for Further Assessment. It was then determined by MAS that the impairment arising from the claimant’s accident-related injuries was not greater than 10%. The claimant lodged an Application for Review of the second Further Assessment, however, the Proper Officer accepted Nathan’s submissions and it was dismissed.
In two related matters, Nathan recommended that the insurer reject the late claims and the explanations provided by the claimants for the delay in the lodgement of their Claim Forms. Nathan subsequently prepared an Application for Special Assessment in each matter. The CARS Assessor accepted Nathan’s submissions and determined that a late claim may not be made in either matter.
In another matter, a claimant sought damages of $600,000 as a result of injuries she sustained in two motor vehicle accidents. The claimant alleged that her level of functioning had been significantly compromised by her accident-related injuries. Nathan asserted that this was incorrect and served surveillance footage and social media posts which depicted the claimant running and sky-diving following the second accident. Both claims were then settled for a nominal amount.
In a matter that was before CARS for General Assessment, the claimant was a young man who was seeking damages of close to $3 million. It was asserted on behalf of the claimant that he had been totally unfit for work and in need of substantial treatment and domestic assistance since the accident, and that this would remain the case over his projected life expectancy (50 years). Nathan was able to obtain evidence to support the conclusion that the accident had little impact on the claimant’s occupational and domestic functioning and, in addition, there were pre-existing and unrelated health issues that had not been fully disclosed by the claimant. The CARS Assessor accepted Nathan’s submissions and awarded damages of $100,000.
In another matter that was before CARS for General Assessment, the claimant sought damages of over $2 million. It was submitted by the claimant that his accident-related injuries forced him to leave his pre-accident employment and, in turn, forgo promotions and substantial bonuses. Nathan was able to present evidence which indicated that the claimant had participated in a wide range of sporting activities following the accident and that his changing family circumstances, as opposed to his accident-related injuries, was the reason for the change in the claimant’s occupation. The CARS Assessor accepted Nathan’s submissions and awarded damages of less than $100,000. In the same matter, the claimant sought approval and funding for a spinal fusion. Nathan recommended that the Insurer deny that request and prepared an Application for Assessment of Past and Future Treatment Disputes by MAS. It was determined by MAS that the proposed fusion was causally related to the accident, reasonable and necessary. Nathan prepared an Application for Review based on the evidence he had obtained during the course of the CARS proceedings. The Proper Officer and the Review Panel accepted Nathan’s submissions and determined that the proposed spinal fusion was not reasonable and necessary.
Publication and Papers
Nathan has produced Case Notes on important decisions, a number of which have been published by LexisNexis Butterworths in the Australian Insurance Law Bulletin, Australian Civil Liability and Directlink (NSW District and Local Courts Practice Newsletter).
Awards / Accolades
Ranked as a Recommended Lawyer – Motor Vehicle Accident & CTP Lawyers (Defendant) in NSW by Doyle’s Guide 2020.