Court Dismisses NRL Star's $1M Injury Claim over Tackle Incident

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Ethan Lowe, who previously played for North Queensland and South Sydney, was forced to retire after a severe injury occurred while playing for the Rabbitohs against Newcastle in July 2020. Lowe experienced a "crusher tackle," causing significant discomfort and immobility.

The incident involved Lowe's neck being forcefully flexed and then violently extended, as recounted in the Federal Court testimony. The player reported severe tingling and shooting pains through his left arm and hand, along with an unstable left leg during the event.

Justice Ian Jackman revealed that although Lowe completed the game, he experienced continuous paraesthesia in the fingers of his left hand post-game and the following morning. Medical evaluations confirmed spinal injury, specifically a disc protrusion, which ultimately led to surgical intervention. Regrettably, surgery did not alleviate Lowe's symptoms, which included easy fatigue and impaired fine motor skills. Consequently, Lowe retired from professional sports in October 2020 at the age of 29.

Lowe proceeded to take legal action against the underwriters from Lloyd's, disputing the rejection of his claim for permanent hemiplegia-characterized as paralysis on one side of the body-under an NRL accident policy he held. Both parties recognized the permanence of Lowe's condition, but the insurers challenged the hemiplegia diagnosis required to activate the policy.

In his deposition, Lowe described his afflictions, noting numbness, a claw-like hand posture, balance issues, persistent pain, and other symptoms that restrict daily activities such as tying his shoes and walking his dog. Despite these challenges, Lowe continues to go to the gym and jog, albeit at a reduced capacity compared to his pre-injury days.

Justice Jackman lauded Lowe as a "credible and truthful witness," yet ultimately refuted the hemiplegia claim. A medical expert for the insurers determined that Lowe, while displaying left-sided weakness, did not exhibit total paralysis, lacking the complete loss of voluntary movement required to meet the hemiplegia definition.

Further medical opinions varied, with one of Lowe’s doctors suggesting a diagnosis of near-paralysis or incomplete hemiplegia. Nevertheless, the court found the insurers' expert testimony more persuasive, adhering to a strict definition of hemiplegia involving a comprehensive or near-complete loss of movement on one side of the body-criteria Lowe did not meet.

Additionally, the court addressed the argument from insurers suggesting that a prior spinal injury Lowe faced in 2016 exacerbated the 2020 injury’s impact, thus conflicting with the policy’s definition of bodily injury as caused "solely and independently of any other cause." However, with the hemiplegia claim dismissed, this point was deemed irrelevant.

The ruling echoes a similar sentiment found in the original source published by AUSTRALIAN FINANCIAL REVIEW, underscoring the complex intersections of legal, medical, and insurance issues in professional sports-related injury claims.

Published:Thursday, 15th Aug 2024
Source: Paige Estritori

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