The Chartered Society of Physiotherapy The Chartered Society of Physiotherapy

Physiotherapist wins landmark whiplash case

31 January 2012

In a landmark court case, a physiotherapist has used anatomical knowledge to refute a compensation claim lodged against him for whiplash injury.

File 104348Lee Robinson, clinical director of a private physiotherapy clinic in Wakefield

Lee Robinson, clinical director of a private physiotherapy clinic in Wakefield, was involved in a minor car collision in 2009 after reversing into a taxi.

‘Seven months later I received a letter stating that I was being sued for £900 damages and severe whiplash caused from the accident,’ said Mr Robinson.

‘I let my insurance company deal with all the issues, but alarm bells started to ring when I received the claimants medical report noting all his injuries, and how it had affected his life in the last year.’

The claimant’s medical report claimed that he had suffered whiplash injuries, including severe neck, shoulder and back pain. It also said he had unable to work for three months, his sleep had been affected and he could not perform personal care activities.

Mr Robinson told the court that he regularly treated whiplash-associated injuries and contested the claimant's alleged injuries during the hearing at Dewsbury County Court.

The presiding judge acknowledged Mr Robinson’s skills and knowledge as a physiotherapist and saw fit to throw the case out of court for fraudulent claims.

The case follows a recent report from the House of Commons transport committee which blamed the spiralling cost of motor premiums on insurers, solicitors and claims management companies who encouraged people caught up in road traffic accidents to make personal injury claims.

This whiplash issue is looked at in more detail in the Frontline feature What’s driving the rise in whiplash injuries?.

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