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please don't deny my claim for spinal surgery

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I'm posting this for my son as he's unable to right now. He's in desperate pain, and Allianz Insurance are denying his insurance claim to get spinal surgery. Please help us out


My name is Steve Fogarty and I am seeking your help in signing my petition to help me have a vital operation and have back pay and weekly pay reinstated by my insurance company (ALLIANZ).

My life changed dramatically on 17th of December 2012 when a 30 ton machine I was driving hit a large pot hole at Port Botany in Sydney while I was working for Patrick Stevedores.

I had injuries to my neck and lower back which Allianz accepted liability for and I had treatment for several days and went back to work on light duties still in pain but somewhat improved.

On the 31st of June 2013 the same thing happened again I hit a large pothole and this time I had severe pain in my lower back after the seat in my machine failed again which was a common occurrence as many other employees had suffered similar injuries driving these machines.

This time I had torn a disc and it was leaking which caused a huge amount of pain, I went to see 3 of my doctors 2 of them being spinal surgeons and 1 of these doctors regarded as one of this country’s best doctors all agreeing that spinal surgery was needed. I also attended another independent work cover surgeon who also recommended spinal surgery for me.

I was sent by Allianz to one of their doctor who as we knew would give the insurance company a favourable report which we are most upset by as are all my doctors who were amazed at his comments.

The matter was then reviewed by Work cover who sent me to an independent professor who also agreed with my doctors that my spinal surgery needed to be done.

We then went back to work cover for a formal hearing and when we arrived the legal team for ALLIANZ was in a confused state as half their team had failed to turn up to the hearing and the legal representative was not sure what was going on and the senior arbitrator was becoming very annoyed with him. He finally received instructions from Allianz saying that they would agree to pay me all my back pay and reinstate my weekly pay and also paying for my surgery but would only agree to this with a handshake deal and nothing in writing. The senior arbitrator said that Allianz’s actions in this matter and I quote” are not in the spirit of the commission and the relevant legislation”.

The work cover arbitrator ruled in my favour so I then booked an appointment to see my spinal surgeon which cost about $450.00 which I was told would be covered by the courts ruling and the operation was set for November 2014 as two surgeons are involved due to the nature of the operation it took several weeks to organise. 

I then contacted my solicitor to advise him that the operation was booked in and he then informed me that Allianz was going against work covers ruling and had cancelled my operation and would not be paying me my weekly wage which I am told is against the work cover law which states if you are appealing a work cover decision then weekly payments are still to be made until the appeal is heard I also had to pay the $450.00 doctors bill which put more financial pressure on my family.

To say my world has come crashing down is an understatement, I am 30 years old married with two beautiful children and a mortgage, every time I look at my wife and little girls it breaks my heart knowing that my savings are nearly exhausted and the bank could make us leave our home and I am unable to do anything about it because Allianz has decided to not pay for my operation and weekly pay as the work cover board has ordered.

I ask that you sign my petition to support both my family and myself in my fight against Allianz who seem to be somewhat ignorant to the fact that 4 surgeons and 1 doctor agree that surgery is badly needed and one insurance company doctor who is on his own in his views.

I thank you for your support in advance and hope you sign my petition so I can resume my life and go back to work and provide for my family.

Kind Regards,


Steve Fogarty

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