With the advent of compulsory Superannuation for employees in the early 1990's, most employed people (and a great number of self-employed) have Insurance attached to their Superannuation Fund.
The types of policy that are likely to exist are lump sum disability insurance and total, but temporary disability insurance. The latter provides a percentage of wages for a period of around 2 year, and often has a three month waiting period in which the insured is off work, before a claim can be lodged.
The case law is as follows:
LUMP SUM PERMANENT DISABILITY INSURANCE1. Cullinane v Mercer Benefit Nominees Limited [2006] FCAFC 82 (29 May 2006)
Result - Win for the Plaintiff
Reason - The Court held that the Superannuation Tribunal had erred in requiring the plaintiff show she was "permanently unable" to work, when interpreting the phrase "unable to engage". It was decided that it meant "unable now and for the foreseeable future". It was accepted that she had ME/CFS and that it would create an uncertain future with respect to work.
2. Jo Gedeon v First State Super Trustee Corporation [2005] NSWIRComm 62 (30 November 2005)
Result - Win for the Plaintiff
Reason - There were a number of Doctors who argued that the Plaintiff had CFS, but weight was given to his pain from a degenerative back disorder. Consideration is given to the meaning of Total and Permanent Disability under the policy.