PAUL GREGORY DIRECTOR ILARS BALLINA, 14 OCTOBER 2016 · 2018-05-29 · BALLINA, 14 OCTOBER 2016 . ILARS OUTCOMES FOR 2015/16 Workers Compensation Independent ... For top 20 law firms

STATISTICAL ANALYSIS

PAUL GREGORY

DIRECTOR ILARS

BALLINA, 14 OCTOBER 2016

ILARS OUTCOMES FOR 2015/16

Workers Compensation Independent Review Office

2

Desired Outcome not Achieved -38 % of matters; Average cost $3619

Desired Outcome Achieved 62% of Matters; Average cost $6311

ILARS Funding Withdrawn -1160; 10%; $3390 • Cram Fluid -678 • No Response to ILARS Follow-up -397 • Other - 85

Resolved prior to WCC – 2808; 25%; $3535 • Insurer accepts claim- 1169 • By complying agreement after claim made -1635

Instructions withdrawn -1082; 10%; $2331

Resolved after referral to WIRO Complaints - 30; 0%; $1320

Resolved after intervention of ILARS Director - 27; 0%; $2995

Not proceeding with preliminary grant -1189; 11%; $2791 • Worker does not reach WPI threshold -778 • Medical evidence not supported -337

Death Benefits - 35; 0%; $7005

Commutation – 30; 0%; $2494

Workers Compensation Independent Review Office 2

ILARS OUTCOMES FOR 2015/16 (CON’T)


3

Outcome Desired Outcome Not Achieved Desired Outcome Achieved

WCC 458; 4%; $6530 3816; 34%; $8316

• Resolved following MAC 385 1174

• Resolved Teleconference 0 925

• Resolved at Conciliation 0 1077

• Resolved at Arbitration 72 607

• Resolved WIM dispute 1 30

Appeals 131; 1%; $8281 185; 2%; $9708

• After Medical Appeal Panel 118 162

• To the President 11 21

• To the Supreme Court 2 1


FEES PAID FOR COMMON OUTCOMES


4

Average Disbursements

Average Professional Fees

Average Total Fees

For Top 20 law firms All Back Injury Matters

Resolved in the WCC

Maximum $4,091 $6,572 $11,320

Minimum $817 $4,989 $6,306

Median $2,025 $5,682 $8,272

Average $2,084 $5,726 $8,383

For top 10 law firms All Hearing Loss Matters

Resolved prior to the WCC

Maximum $1,396 $3,866 $5,198

Minimum $0 $700 $770

Median $877 $1,839 $2,939

Average $842 $1,913 $2,946


FEES PAID FOR COMMON OUTCOMES (CON’T)


5

Average Disbursements

Average

Professional Fees Average Total

Fees

For top 10 law firms All Psychological Injury Matters

Resolved in the WCC

Maximum $3,223 $6,984 $10,226

Minimum $1,243 $4,771 $7,215

Median $2,506 $6,031 $9,033

Average $2,387 $6,007 $8,995

For top 20 law firms All non-Hearing Loss

Matters Resolved in the WCC

Maximum $2,629 $6,328 $9,342

Minimum $1,249 $5,183 $7,326

Median $1,967 $5,668 $8,135

Average $1,971 $5,675 $8,213


INSURERS - ALL MATTERS

6

Insurer

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% a

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Scheme Agent 3% 1% 11% 9% 10% 37% 25% 100% 8797 5522 63% Allianz Australia Workers Compensation (NSW) Ltd 3% 1% 11% 8% 8% 38% 27% 100% 2285 1496 65%

CGU Workers Compensation 3% 1% 10% 7% 9% 40% 27% 100% 1193 776 65%

Employers Mutual NSW 2% 1% 9% 9% 10% 37% 29% 100% 943 634 67% GIO General Limited 2% 0% 11% 8% 9% 41% 24% 100% 1306 859 66%

QBE Workers Compensation 3% 1% 11% 9% 10% 35% 27% 100% 2179 1375 63%

Self-Insured 4% 1% 8% 9% 11% 39% 25% 100% 1055 675 64%

Bluescope Steel Ltd 1% 0% 9% 9% 7% 25% 47% 100% 81 51 63%

Coles Group Ltd 4% 2% 8% 10% 12% 50% 10% 100% 154 101 66%

Qantas Airways Limited 2% 2% 8% 12% 12% 29% 32% 100% 85 51 60%

Rail Corporation NSW 4% 0% 15% 12% 10% 33% 22% 100% 78 46 59%

Woolworths Limited 8% 3% 10% 12% 12% 35% 15% 100% 120 70 58%

Specialised Insurer 3% 1% 8% 6% 11% 50% 18% 100% 388 254 65% Catholic Church Insurance Limited 3% 0% 7% 8% 12% 59% 6% 100% 98 65 66%

StateCover Mutual Ltd 2% 1% 10% 6% 11% 42% 26% 100% 168 106 63%

TMF 3% 1% 9% 11% 12% 40% 21% 100% 947 588 62%

Allianz TMF 4% 0% 7% 10% 10% 48% 19% 100% 338 220 65%

Employers Mutual NSW 2% 1% 13% 11% 14% 32% 21% 100% 315 173 55%

QBE TMF 2% 1% 9% 10% 10% 40% 23% 100% 294 195 66%

Grand Total 3% 1% 10% 10% 10% 38% 25% 100% 11362 7123 63%


INSURERS – DENIAL OF LIABILITY

Insurer Ap

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% a

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Scheme Agent 2% 2% 6% 10% 6% 65% 7% 100% 2090 1514 72%

Allianz Australia Workers Compensation (NSW) Ltd 2% 2% 7% 10% 6% 61% 10% 100% 582 409 70%

CGU Workers Compensation (NSW) Ltd 1% 2% 8% 6% 6% 69% 6% 100% 248 181 73%

Employers Mutual NSW Limited 1% 1% 2% 11% 5% 71% 7% 100% 211 164 78%

GIO General Limited 1% 0% 5% 10% 8% 67% 6% 100% 403 296 73%


Self-Insured 2% 1% 4% 15% 9% 61% 6% 100% 281 193 69%

Coles Group Ltd 4% 1% 5% 12% 9% 63% 4% 100% 82 58 71%

Specialised Insurer 1% 1% 4% 7% 4% 74% 6% 100% 139 112 81%

Catholic Church Insurance Limited 0% 0% 2% 13% 4% 73% 6% 100% 52 41 79%

TMF 2% 1% 7% 13% 10% 59% 7% 100% 324 218 67%

Allianz TMF 2% 0% 5% 12% 5% 65% 9% 100% 130 97 75%

Employers Mutual NSW Ltd - TMF 0% 1% 12% 17% 14% 46% 6% 100% 100 53 53%

QBE TMF 2% 1% 3% 11% 12% 63% 5% 100% 94 68 72%

Grand Total 2% 1% 6% 11% 7% 64% 7% 100% 2851 2045 72%


INSURERS - WPI

Insurer Ap

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% a

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Scheme Agent 4% 1% 18% 8% 14% 32% 20% 100% 4005 2084 52%

Allianz Australia Workers Compensation (NSW) Ltd 4% 1% 19% 8% 12% 32% 20% 100% 1014 549 54%

CGU Workers Compensation (NSW) Ltd 4% 1% 16% 7% 14% 35% 19% 100% 588 311 53%

Employers Mutual NSW Limited 4% 0% 15% 9% 16% 30% 22% 100% 461 246 53%

GIO General Limited 5% 0% 22% 8% 14% 34% 15% 100% 493 255 52%


Self-Insured 6% 2% 14% 9% 15% 30% 18% 100% 430 234 54%

Coles Group Ltd 5% 2% 13% 7% 20% 27% 20% 100% 55 32 58%

Woolworths Limited 12% 4% 12% 9% 13% 29% 18% 100% 78 45 58%

Specialised insurer 5% 1% 13% 5% 20% 33% 18% 100% 148 76 51%

StateCover Mutual Ltd 6% 0% 22% 6% 20% 22% 20% 100% 51 21 41%

TMF 3% 1% 15% 9% 17% 32% 18% 100% 409 206 50%

Allianz TMF 4% 1% 11% 9% 18% 39% 15% 100% 137 72 53%

Employers Mutual NSW Ltd - TMF 3% 2% 17% 8% 19% 27% 18% 100% 162 76 47%

QBE TMF 3% 1% 18% 10% 13% 30% 20% 100% 110 58 53%

Grand Total 4% 1% 18% 8% 15% 31% 19% 100% 5056 2622 52%


LAW FIRM PERFORMANCE REPORTS • Over the last 18 months Paul and his team has visited 44 law firms to discuss their relative

performance in applying for grants and completing matters. • Our performance report compares a law firm to the market average. • The report includes the following

– An analysis of the number of matters opened and closed for the firm and their ALSP’s – A table showing the number of emails exchanged per matter, the percentage of matters where ILARS asks

for further information and the percentage of matters where there is an invoice error. – A look at their market share in the regions they have offices. – A comparison of what the issues for the matters are, which insurers are on the other side and what type of

injuries do your client’s have. – A analysis of the type of outcomes your firm’s matters have and the relative costs of those matters.

• If your firm has applied for more than 100 matters with WIRO we are happy to prepare a report for you and discuss the results. We are also preparing a similar report for insurers.


Lawyers ILARS Matters comparison data As at 30-Jun-16

Financial Information

All Matters Open Matters Closed Matters Total number of grants approved

Number of Grants

Total amount of grants

Amount of invoices processed Number

Amount of invoices processed

Rank in total approved

grants

Rank in total amount invoiced

% of total grants ($)

invoiced % closed

(No)

Rank of grants

invoiced %

Rank of Grants

closed %

Lawyers Pty Ltd 1,276 568 $2,885,567 $59,482 708 $3,888,414 6 7 55% 55% 74 88

All law firms 40,942 14,098 $70,520,967 $2,278,876 26,844 $121,833,397 60% 66%

Number of matters per lawyer

Lawyer 1 438 189 $ 949,628 $ 14,628 249 $ 1,567,278 61% 57%

Lawyer 2 84 67 $ 327,024 $ 2,024 17 $ 85,377 21% 20%

Lawyer 3 1 0 $ - $ - 1 $ 8,869 0% 0%

Lawyer 4 3 0 $ - $ - 3 $ 11,181 0% 0%

Lawyer 5 265 152 $ 804,128 $ 30,096 113 $ 547,295 42% 43%

Lawyer 6 2 1 $ 5,000 $ - 1 $ - 0% 0%

Lawyer 7 3 0 $ - $ - 3 $ 13,746 0% 0%

Lawyer 8 17 2 $ 10,000 $ - 15 $ 47,037 0% 0%

Lawyer 9 14 1 $ 5,000 $ - 13 $ 67,912 0% 0%

Lawyer 10 44 38 $ 190,000 $ - 6 $ 16,956 0% 0%

Lawyer 11 7 4 $ 20,000 $ - 3 $ 13,603 0% 0%

Lawyer 12 394 110 $ 554,787 $ 12,733 284 $ 1,509,160 67% 72%

Lawyer 13 1 1 $ 5,000 $ - 0 $ - 0% 0%

Lawyer 14 3 3 $ 15,000 $ - 0 $ - 0% 0%


REQUEST FOR FURTHER INFORMATION ON GRANT APPLICATIONS

ALSP Name Matters Accepted or Pending

Matters Declined

Total Matters

% Accepted or Pending

% Declined

Number of matters where requisition raised

% of matters with requisitions

All ALSPs 41,894 2,925 44,819 93% 7% 7,966 18%

Lawyers Pty Ltd 1,310 113 1,423 92% 8% 296 21%

Individual lawyer 448 30 478 94% 6% 86 18%


Individual lawyer 1 - 1 100% 0% - 0%



Individual lawyer 2 - 2 100% 0% 1 50%

Individual lawyer 3 2 5 60% 40% - 0%




Individual lawyer 7 - 7 100% 0% - 0%



INVOICE ERRORS

Number of invoices where invoice is returned to law firm for correction

Number of invoices with no errors Once Twice 3 times 4 times 5 times

Total Invoices

Error percentage

All firms

8,360 1,679

204

47

16

4 10,310 19%

Average errors across lawyers >10 invoices 19% Median 18%

Lawyers Pty Ltd

248

60

9 2 - - 319 22%

Individual lawyer 106 25 1 1 133 20%

Individual lawyer 80 21 3 1 105 24%

Individual lawyer 35 8 3 46 24%

Individual lawyer

11 5 16 31%

Individual lawyer 5 1 6 17%

Individual lawyer 3 1 1 5 40%

Individual lawyer 3 3 0%




HOW LONG DO MATTERS STAY OPEN


MARKET SHARE IN THE AREA YOUR OFFICES ARE LOCATED

Area Suburb or Area Law Firm ALSP's Total Value of Grants

Number of Grants

Total Value of Approved Invoices

Number of Invoices

Rank in terms of the number of grants

Number of Firms in area

Hunter Hunter Lawyers pty Limited Individual lawyer $1,388,735 265 $577,391 121

Hunter Total $23,850,066 5120 $14,170,673 3249 6 34

Sydney Liverpool/Fairfield Lawyers pty Limited Individual lawyer $2,611,059 438 $1,581,906 233

Sydney Liverpool/Fairfield Lawyers pty Limited Individual lawyer $8,869 1 $8,869 1

Sydney Liverpool/Fairfield Lawyers pty Limited Individual lawyer $13,746 3 $13,746 3

Sydney Liverpool/Fairfield Lawyers pty Limited Individual lawyer $15,000 3

Liverpool/Fairfield Total $17,474,824 3248 $9,565,633 1691 3 31

Sydney South West Suburbs Lawyers pty Limited Individual lawyer $11,181 3 $11,181 3

South West Suburbs Total Lawyers pty Limited $56,922 11 $31,922 6 2 2

Sydney Sydney City Lawyers pty Limited Individual lawyer $417,401 84 $87,401 18


Sydney Sydney City Lawyers pty Limited Individual lawyer $82,912 14 $67,912 11 Sydney Sydney City Lawyers pty Limited Individual lawyer $206,956 44 $16,956 6


Sydney Sydney City Lawyers pty Limited Individual lawyer $2,249,724 393 $1,521,893 250

Sydney Sydney City Lawyers pty Limited Individual lawyer $5,000 1

Sydney City Total $60,551,624 11509 $37,171,557 6962 8 109


OUTCOMES COMPARED TO AVERAGE Overall 38% 62% 37% 63%

Lawyers Pty Limited All Law firms Desired Outcome not

achieved Grant achieved desired

outcome Desired Outcome not achieved

Grant achieved desired outcome

Outcomes Percentage

Number of cases Percentage

Number of cases Percentage Percentage

Appeals 2% 2 6% 13 3% 3%

Discontinued from WCC - No result 2% 2 0% 3% 0% ILARS Funding Withdrawn 26% 34 0% 27% 0%

Cram Fluid Applies 12% 16 0% 16% 0%

No Response to ILARS Follow Up 11% 14 0% 9% 0% Instructions withdrawn 29% 39 0% 26% 0%

Not proceeding after preliminary grant 32% 43 0% 28% 0%

Medical evidence not supportive 7% 9 0% 8% 0%

Worker does not reach WPI threshold 24% 32 0% 18% 0% Resolved in WCC 8% 10 67% 146 11% 54%

Resolved at Arbitration by Arbitrator - Employer 2% 3 0% 2% 0% Resolved at Arbitration by Arbitrator - Worker 0% 7% 15 0% 7%

Resolved at Conciliation - settled by consent 0% 26% 57 0% 15%

Resolved at settlement during Arbitration 0% 3% 7 0% 2%

Resolved following MAC 5% 7 23% 50 9% 16%

Resolved TC - settled by consent 0% 8% 17 0% 13%

Resolved prior to WCC 0% 22% 48 0% 39%

Resolved - Insurer Accepts Claim 0% 4% 9 0% 14% Resolved after application for review/insurer accepts Claim 0% 1% 2 0% 2%

Resolved by complying agreement after claim made 0% 17% 37 0% 23%

Grand Total 100% 133 100% 217 100% 100%


wiro.nsw.gov.au

Phone 139476

[email protected]

CONTACT US


http://www.wiro.nsw.gov.au/

mailto:[email protected]

Documents

PAUL GREGORY DIRECTOR ILARS BALLINA, 14 OCTOBER 2016 · 2018-05-29 · BALLINA, 14 OCTOBER 2016 . ILARS OUTCOMES FOR 2015/16 Workers Compensation Independent ... For top 20 law firms