The NSW Supreme Court has told a Zurich claimant to undergo a neuropsychological assessment after the insurer applied for the order in a dispute over a total and permanent disability payout.

Justice Francois Kunc says he had to decide whether the examination was sought for a legitimate purpose and the evidence would be material to an issue in dispute.

“In those circumstances, an order should generally be made.”

Jethro Samuel has sued OnePath and Zurich over his TPD claim, saying he suffers a major depressive disorder and has cognitive deficits.

Justice Kunc says the nature and extent of any cognitive issues are likely to be relevant to the court determining whether Mr Samuel is suffering depression.

Zurich’s expert told the court a neuropsychological/cognitive assessment was the “gold standard” for determining cognitive abilities.

The court heard Mr Samuel would accept the examination if Zurich agreed that any testing material and manuals that might be used would be served with the report.

But the judge says Mr Samuel has no legal entitlement to this and “such a request has no place in how this kind of litigation should be conducted”.

Catherine McAdam, a partner at Moray & Agnew, which represented Zurich, says the case builds on other decisions that a request for a claimant to undergo psychometric assessment by a neuropsychologist is appropriate when the person says they have cognitive impairments due to a mental health condition.

See the ruling here.