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WORKERS COMPENSATION
COMMISSION
State Legal Conference
27 March 2008
Sian Leathem, Registrar Workers Compensation Commission
Telephone: 8281 6350
Recent developments in the Commission
• New Registrar appointed August 2007• New President, Judge Greg Keating,
appointed November 2007• New case management system,
Comcase, implemented in mid-2007• Revised listing times for tele-
conferences and conciliations/arbitrations commenced in August 2007
Workers Compensation Bill
Expected to be introduced to Parliament in March/April with a possible start date of July or October 2008
Proposal to combine section 66 (permanent impairment)compensation with 67 (pain and suffering) compensation not likely proceed at this stage
Workers Compensation Bill
Widdup amendment: will permit the Commission to determine whether medical treatment and services to be provided in the future is reasonably necessary and therefore should be paid by the employer
Transfer from the Commission to WorkCover the role of reviewing a commutation agreement to ensure amount is not excessive or inadequate
Workers Compensation Bill
Death Claims
Increase in lump sum death benefit to $425,000 for deaths occurring on or after a specified date
Lump sum death benefit can be paid to a worker’s estate if they leave no financial dependents
Removal of discretion to reduce the amount of lump sum death benefit payable to dependents on the basis of partial financial dependency (can still apportion among multiple dependents)
Some observations for applicant practitioners
Applications: supporting documents – emphasis should be on evidence, not process
Prepare a proper statement by the worker
Power to appoint a tutor under Part 6 of the Workers Compensation Commission Rules 2006
Some observations for respondent practitioners
Some insurers are briefing too late (leads to problems at t/c with respondent lawyers being unavailable or not properly prepared)
Focus on early exchange – don’t wait unit you’re in the Commission before seeking GP / hospital notes
Lack of clarity around lead agent provisions
Scatter gun approach – don’t say it’s in dispute if it isn’t!
Some observations for all practitioners
Parties can agree on an Approved Medical Specialist
Check the AMS referral document – don’t wait until after a Medical Assessment Certificate has been issued to make objections
Reconsideration power
Development of e-Screens
• New case management system, Comcase, implemented in mid-2007
• Provides integrated case management system for staff
• Web-based access for external service providers: Arbitrators and Approved Medical Specialists
• Next phase will provide web-based lodgment facility for the public
Developments of e-Screens
• Proto-type screens delivered in late 2007• User acceptance testing between Dec
2007 – February 2008 • External pilot being conducted in March
2008• Enhancements / refinements April - May
2008• Final user acceptance testing in June 2008• Planned launch in July 2008
Advantages of e-Screens
What e-Screens will offer:
24/7 access; built-in help/instructions; easy to use; faster turn around times for lodgment; built-in business rules to assist with
compliance; eliminates need for paper copying; can be verified by staff and imported
directly into Comcase.
Limitations of e-Screens
What’s the catch?
Lodgment needs to be wholly electronic (scanning documents)
Operating platform will need to meet specified standard;
Broadband v dial-up; File size limited to 10MB.
Application Details
Drop down list of Parties
Add another Respondent
Reasons for Application
Compliance Documentation
System prompts and internal checks
Worker Details
Worker’s Representative Details
Employer Details
Employer’s Representative Details
Insurer/Scheme Agent details
Insurer/Scheme Agent’s Representative details
Injury details
Weekly Benefits with Wage Schedule
Award/Agreement details
Permanent Impairment/Pain and Suffering details
Permanent Impairment details
Pain and Suffering details
Selection of AMS
Supporting Documents
Add a Supporting Document
Up Loading and Saving documents
Saving Supporting Documents and Information
Section 162/Uninsured Employer
Uninsured Details
Section 162 Details
Certification
Confirmation - printing