Insurer denies stonemason with terminal lung disease a lump sum payout

A Queensland stonemason diagnosed with a terminal lung disease has been dealt a second blow after his insurers ruled he was not eligible for a lump sum payout.

Two years ago, Gary Moratti, 51, collapsed at work and was rushed to Logan Hospital. 

It was there that doctors delivered crushing news to the father-of-three - he had silicosis.

The incurable lung condition is caused by long-term exposure to silica dust and has become an epidemic among stonemasons.

Doctors believe Mr Moratti could have as little as four or five years left to live.

Mr Moratti, who began working as a stonemason when he was 15, was told he had to quit the industry immediately.

After trying several different jobs, all of which irritated his weak lungs, Mr Moratti made a total and permanent disability claim a few months ago on the superannuation insurance policy he had with SunSuper. 

That's when Mr Moratti found out SunSuper had switched him and many other customers to a "drip feed" policy in 2016.

Under the new policy, clients awarded claims no longer get a lump sum payment, rather the payout is spread out over six yearly instalments.

This means Mr Moratti, who was awarded a $93,000 payout by the insurance company, will be paid $15,000 a year rather than the whole amount in one go.

Mr Moratti said the news came as a kick in the teeth after all he and his family had been through.

"I was really pissed off. I was relying on that money. I had just gone and finally gotten a house for my family. I thought I will get it all renovated so they have got something good," he told nine.com.au.

"And then I got told I'm not getting that money so I can't do the renovations or anything."

A spokesperson for SunSuper confirmed Mr Moratti was not eligible for a lump sum payment.

"Mr Moratti's Total and Permanent Disability Assist Claim was assessed and approved by Sunsuper and the first annual payment (first of six across five years) was made in late October 2019," the spokesperson said in a statement.

"Mr Moratti's medical condition does not meet the conditions for a single lump sum benefit payment under the terms of this insurance policy.

"As a profit-for-members fund, our sole purpose is to act in the best interests of our members, and we will continue to support Mr Moratti under the terms of his insurance policy into the future."

Mr Moratti, who is being represented by Shine Lawyers, said there was a chance he could not live to see the full amount of his payout, and the new company policy meant he was being financially disadvantaged from the start.

"What happens with the rest of the money in the meantime? Do they get that and put it in their bank account? They give me a little bit and they get all the interest off it," he said.

Shine Lawyers are currently planning to lodge a civil lawsuit against one of Mr Moratti's former employees in court.   

Earlier this year, law firm Slater and Gordon announced they were planning a class action against kitchen benchtop manufacturers on behalf of hundreds of stonemasons who had contracted silicosis.

Doctors have warned the disease could be the "next asbestos" after identifying a sudden spike in the number of stonemasons diagnosed with the condition.

In the past year in Queensland alone, more than 100 stonemasons have been diagnosed with silicosis.

Contact reporter Emily McPherson at emcpherson@nine.com.au.