header-logo header-logo

19 December 2014 / David Johnson , Rebecca Blythe
Categories: Features , Insurance surgery
printer mail-detail

Insurance surgery: Growing pains

David Johnson & Rebecca Blythe examine the ever growing phenomena of chronic pain claims & the challenges that they throw up for insurance litigators

It has always been the case that personal injury claims handlers need a rudimentary understanding of medical conditions and emerging new medical terminology. However, of late, particular challenges have arisen around the emergence of chronic pain claims.

“Chronic pain conditions” involve pain symptoms continuing to be reported more than three months beyond the date of resolution of the injury giving rise to the pain the first place. The range of conditions that may then be cited as an explanation for that single scenario are quite diverse and demand subtly different approaches.

Scope of the problem

The condition most often associated with chronic pain claims is Complex Regional Pain Syndrome (CRPS). Type I involves no demonstrable nerve damage. Type II involves demonstrable nerve damage. It is a physically evident syndrome, diagnosed according to the Budapest criteria. 

Where CRPS is not made out, the emphasis often turns towards

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll