• About
  • Subscribe
  • Advertise
  • Contact
Sunday, July 13, 2025
Newsletter
SUBSCRIBE
  • Latest News
  • All Sections
    • Ophthalmic insights
      • Policy & regulation
      • Company updates & acquisitions
      • Research
      • Clinical trials
      • Workforce
      • Product approvals
      • Conferences
      • Opinion
      • Indigenous eye health
      • Retail
    • Eye disease
      • Dry eye
      • Myopia
      • Cataract
      • Glaucoma
      • Macular disease – AMD
      • Diabetic eye disease
      • Inherited retinal disease
      • Corneal disease
      • Presbyopia
      • Eye infections
    • Ophthalmic Careers
      • New appointments
      • Industry profiles
      • Graduates
    • Ophthalmic organisations
      • Regulators
      • Optometry networks
      • Private ophthalmology clinics
      • Associations
      • Patient support bodies
      • Eye research institutions
      • Optometry schools
      • Optical Dispensing trainers
      • Medical schools
      • RANZCO
  • Features
    • Report
    • Soapbox
  • Ophthalmic education
    • CPD – Optometry
    • Optical Dispensing
    • Orthoptics Australia
    • Practice management
  • Products
    • Ophthalmic Treatments
      • Ophthalmic lenses
      • Lens treatments
      • Myopia interventions
      • Light-based therapy
      • Minimally invasive glaucoma surgery (MIGS)
      • Gene therapy
      • Laser treatments
      • Supplements
      • Eyewear & frames
      • Behavioural optometry/vision training
      • Contact lenses
      • Anti-VEGF
      • Intraocular lenses (IOLs)
      • Pharmaceuticals & consumables
    • Ophthalmic equipment & diagnostics
      • Biometry – axial length
      • Perimetry & visual fields
      • OCT
      • Phoropter
      • Autorefractor
      • Tonometry
      • Topography
      • Multimodal imaging
      • Retinal imaging
      • Anterior segment imaging
      • Software & data management
      • Microscopes
      • Slit lamps
      • Lens edging
      • Stands, chairs and tables
      • Ultrasound
      • Dry eye diagnostics
      • Low vision aids
  • Research
  • Classifieds
No Results
View All Results
  • Latest News
  • All Sections
    • Ophthalmic insights
      • Policy & regulation
      • Company updates & acquisitions
      • Research
      • Clinical trials
      • Workforce
      • Product approvals
      • Conferences
      • Opinion
      • Indigenous eye health
      • Retail
    • Eye disease
      • Dry eye
      • Myopia
      • Cataract
      • Glaucoma
      • Macular disease – AMD
      • Diabetic eye disease
      • Inherited retinal disease
      • Corneal disease
      • Presbyopia
      • Eye infections
    • Ophthalmic Careers
      • New appointments
      • Industry profiles
      • Graduates
    • Ophthalmic organisations
      • Regulators
      • Optometry networks
      • Private ophthalmology clinics
      • Associations
      • Patient support bodies
      • Eye research institutions
      • Optometry schools
      • Optical Dispensing trainers
      • Medical schools
      • RANZCO
  • Features
    • Report
    • Soapbox
  • Ophthalmic education
    • CPD – Optometry
    • Optical Dispensing
    • Orthoptics Australia
    • Practice management
  • Products
    • Ophthalmic Treatments
      • Ophthalmic lenses
      • Lens treatments
      • Myopia interventions
      • Light-based therapy
      • Minimally invasive glaucoma surgery (MIGS)
      • Gene therapy
      • Laser treatments
      • Supplements
      • Eyewear & frames
      • Behavioural optometry/vision training
      • Contact lenses
      • Anti-VEGF
      • Intraocular lenses (IOLs)
      • Pharmaceuticals & consumables
    • Ophthalmic equipment & diagnostics
      • Biometry – axial length
      • Perimetry & visual fields
      • OCT
      • Phoropter
      • Autorefractor
      • Tonometry
      • Topography
      • Multimodal imaging
      • Retinal imaging
      • Anterior segment imaging
      • Software & data management
      • Microscopes
      • Slit lamps
      • Lens edging
      • Stands, chairs and tables
      • Ultrasound
      • Dry eye diagnostics
      • Low vision aids
  • Research
  • Classifieds
No Results
View All Results
Home Local

Taxi driver left blind by flying rock relies on eye doctor advice in legal stoush

by Myles Hume
November 25, 2020
in Local, News
Reading Time: 3 mins read
A A
The taxi driver's visual acuity due to the accident was 6/60, rendering him legally blind.

The taxi driver's visual acuity due to the accident was 6/60, rendering him legally blind.

Share on FacebookShare on Twitter

Ophthalmologists have played a central role in a dispute between an Australian insurance company and a taxi driver who won a $250,000 payout after becoming legally blind in one eye when a rock was thrown through his car window.

The case between the taxi driver and the insurance firm was recently brought before the Australian Financial Complaints Authority (AFCA). It was asked to determine whether the man’s injury was covered by his employer’s insurer – Lloyd’s Australia – whose policy included a quarter of a million-dollar lump sum payment for total loss of sight in one eye.

Initially, Lloyd’s paid the complainant $15,500 in weekly benefits until he regained employment, but rejected a claim for the lump sum benefit. Because he had lost 89% vision in his right eye, it argued the impairment did not constitute a total loss of sight.

As part of the case, both the taxi driver and the insurer sought advice from at least three ophthalmologists that provided the basis of their arguments over the August 2018 incident.

In November that year, the complainant was examined by an ophthalmology registrar at a hospital who said he had a mild cataract that was likely to deteriorate, a corneal abrasion (healed), hyphaema (resolved) and a fractured nasal bone (stabilised). However, the primary injury was permanent and irreversible central macular damage.

The registrar said the man’s visual acuity due to the accident was 6/60, which is legally blind. It was further noted his sight was not improved with either pinhole or corrective lenses.

Concerned with advice that there were no available treatment options, the complainant then travelled overseas where he obtained the opinion of another ophthalmologist. That practitioner also advised the damage was “permanent, irreversible and likely to deteriorate”.

Insurer seeks own opinion  

Lloyd’s subsequently engaged its own consultant ophthalmologist who was provided a copy of the complainant’s eye scans and the registrar’s assessment.

The insurer’s expert considered that while the complainant had a severe visual defect in his right eye, the injury didn’t constitute a total loss of vision. Basing calculations on the Australian Medical Association (AMA) guidelines, the consultant ophthalmologist concluded the percentage of vision loss to the complainant’s eye was 89%.

Using these findings, the insurer stated the complainant was not entitled to the policy benefit for total loss of sight in one eye.

The complainant later obtained a further medical opinion because he believed his sight had worsened, but Lloyd’s said it could not consider this because the total loss of sight must be within 12 months of the loss.

In its determination, the AFCA panel accepted the policy only provided the benefit for total loss of sight, however it didn’t define total loss. The available medical evidence demonstrated that he no longer had “any effective sight” in his right eye.

“That is, the right eye has no functional use in any practical sense at 89% vision loss or 6/60 acuity. The panel accepts it is fair in the circumstances to determine the complainant has suffered a total loss of sight in his right eye.”

It also said the Certificate of Insurance states that should any ambiguity exist in the clauses they will be interpreted in favour of the insured.

The AFCA ruled Lloyd’s was liable to pay the complainant $234,434.18, being the lump sum benefit of $250,000, less the weekly benefit of $15,565.82.

The man was, however, unsuccessful in his attempt to recoup around $20,000 spent travelling overseas to obtain the second medical opinion for possible treatment options.

A full version of the ruling can be found here.

More reading

Magpie causes severe eye injuries after tormenting locals

AHPRA announces advertising audit affecting optometrists

Surgical issues top list of ophthalmology medico-legal complaints

Tags: AFCAAustraliaAustralian Financial Complaints Authoritycentral macular damagedrivereye injuryLloyd’s Australiaophthalmologistpolicyrocktaxiwindow

Related Posts

So many companies working on so many solutions in IOLs and surgery means it has become evident that there is some nomenclature confusion.  Image: Oktay/stock.adobe.com.

Clearing up nomenclature confusion in IOL lenses

by Dr Peter Sumich
July 13, 2025

Presbyopia management has been the holy grail for intraocular lens technology development for 30 years, but sub-classifying lenses has become...

What the customer wants in a frame will not necessarily be suited to the prescription they end up with. Images: Jacobus Boshoff.

No, you can’t have that frame

by Jacobus Boshoff
July 12, 2025

Jacobus Boshoff on why a good optical dispenser sometimes needs to dish out the harsh truth, and why frame choice...

Myopia is surging around the world, and particularly among children. New studies show that HOYA's DIMS technology can have a lasting impact in treatment. Image: HOYA.

New evidence backs HOYA’s DIMS technology to combat myopia

by Staff Writer
July 11, 2025

HOYA Vision Care has announced new clinical evidence from three key clinical studies highlighting the impact of Defocus Incorporated Multiple...

Join our newsletter

View our privacy policy, collection notice and terms and conditions to understand how we use your personal information.

Insight has been the leading industry publication in Australia for more than 40 years. This longevity is largely due to our ability to consistently deliver accurate and independent news relevant to all ophthalmic professionals and their supporting industry.

Subscribe to our newsletter

View our privacy policy, collection notice and terms and conditions to understand how we use your personal information.

About Insight

  • About
  • Advertise
  • Subscribe
  • Contact
  • Terms & Conditions
  • Privacy Collection Notice
  • Privacy Policy

Popular Topics

  • Business
  • Feature
  • Research
  • Technology
  • Therapies
  • Classifieds

© 2025 All Rights Reserved. All content published on this site is the property of Prime Creative Media. Unauthorised reproduction is prohibited

No Results
View All Results
NEWSLETTER
SUBSCRIBE
  • Latest News
  • All Sections
    • Ophthalmic insights
      • Policy & regulation
      • Company updates & acquisitions
      • Research
      • Clinical trials
      • Workforce
      • Product approvals
      • Conferences
      • Opinion
      • Indigenous eye health
      • Retail
    • Eye disease
      • Dry eye
      • Myopia
      • Cataract
      • Glaucoma
      • Macular disease – AMD
      • Diabetic eye disease
      • Inherited retinal disease
      • Corneal disease
      • Presbyopia
      • Eye infections
    • Ophthalmic Careers
      • New appointments
      • Industry profiles
      • Graduates
    • Ophthalmic organisations
      • Regulators
      • Optometry networks
      • Private ophthalmology clinics
      • Associations
      • Patient support bodies
      • Eye research institutions
      • Optometry schools
      • Optical Dispensing trainers
      • Medical schools
      • RANZCO
  • Features
    • Report
    • Soapbox
  • Ophthalmic education
    • CPD – Optometry
    • Optical Dispensing
    • Orthoptics Australia
    • Practice management
  • Products
    • Ophthalmic Treatments
      • Ophthalmic lenses
      • Lens treatments
      • Myopia interventions
      • Light-based therapy
      • Minimally invasive glaucoma surgery (MIGS)
      • Gene therapy
      • Laser treatments
      • Supplements
      • Eyewear & frames
      • Behavioural optometry/vision training
      • Contact lenses
      • Anti-VEGF
      • Intraocular lenses (IOLs)
      • Pharmaceuticals & consumables
    • Ophthalmic equipment & diagnostics
      • Biometry – axial length
      • Perimetry & visual fields
      • OCT
      • Phoropter
      • Autorefractor
      • Tonometry
      • Topography
      • Multimodal imaging
      • Retinal imaging
      • Anterior segment imaging
      • Software & data management
      • Microscopes
      • Slit lamps
      • Lens edging
      • Stands, chairs and tables
      • Ultrasound
      • Dry eye diagnostics
      • Low vision aids
  • Research
  • Classifieds
  • About Us
  • Advertise with Insight
  • Subscribe
  • Contact Insight

© 2025 All Rights Reserved. All content published on this site is the property of Prime Creative Media. Unauthorised reproduction is prohibited