Contents. Brief Overview of the Commission Legislative Amendments: Changes to the Rules and Regulations Practice & Procedure update. Key Legislative Instruments. Workers Compensation Act 1987 Work Injury Management and Workers Compensation Act 1998 Workers Compensation Regulation 2010
The Commission consists of:
Legal & Medical Support
WCC ORGANISATIONAL CHART
Arbitrators, Mediators & AMS
Operations & Business Support
Legal & Medical Services
Section 60(5) - Commission now has jurisdiction to determine disputes regarding future medical expenses
“The jurisdiction of the Commission with respect to a dispute about compensation payable under this section extends to a dispute concerning any proposed treatment or service and the compensation that will be payable under this section in respect of any such proposed treatment or service. Any such dispute must be referred by the Registrar for assessment under Part 7 (Medical assessment) of Chapter 7 of the 1998 Act, unless the regulations otherwise provide.”
Clause 49 (formerly cl 43)
“(c) does not include a report from a specialist medical practitioner who has not treated the worker and has been obtained for the purpose of proving or disproving an entitlement, or the extended entitlement, in respect of another claim or dispute.”
Clause 50 (formerly cl 43AA) – supplementary reports
Cl 50(1) - new sub-clauses - a supplementary report may be admitted if it has the purpose of:
Reimbursement for costs of medical examination and report
Section 73(1) - medico-legal report deemed section 60 expense
Section 73(3) – new section
- no payment under s73 until PI claim determined: s73(3)(a)
Where a worker succeeds in permanent impairment claim, the cost of the examination and report can be a disbursement cost or section 60 expense (s 73(1))
Where a worker is unsuccessful in permanent impairment claim or receives 0% assessment, cost of report can be claimed as section 60 expense (s73(1))
Transitional provision – retrospective operation (Part 19G Sch 6 of 1987 Act).
Properly particularising the claim – “nature and conditions”
Particulars should precisely identify nature of alleged injury:
Section 74 notices
Section 74 notice
Appeal – error of fact, law or discretion
Appeals are restricted under s 352 to determination of whether decision appealed against was/was not affected by error of fact, law or discretion + correction of such error.
Commission is not to grant leave to admit fresh evidence unless:
Parties’ submissions should address whether:
A significant amendment in the 2011 Rules
“[a] chronology of events, comprising a list of principal events leading up to the lodging of the appeal, numbered consecutively with a date, a short description of each event, and references to arguments in favour of review.” (Pt 16 r 16.2(4)(e)).
The chronology should include:
Section 327(3) - grounds for appeal against an AMS assessment:
(b) additional relevant information (but only if the additional information was not available and could not reasonably have been obtained before medical assessment)
(c ) incorrect criteria,
(d) demonstrable error.
Section 327(3)(b) - now stricter test
Reverses decision in Summerfield v Registrar of the Workers Compensation Commission of NSW  NSWSC 515
Workers Compensation Regulation 2010
Costs provisions - change only to numbering of Part and clauses
Now under Part 17 (previously Part 19) - now clauses 97 to 143
Schedule 6 - renaming of Parts A, B and C to Parts 1, 2 and 3
In-principle agreement by WorkCover User Group for a general increase to legal fees across the board
Agreement yet to be ratified by the Minister
- Application through Form 1
– Application through Form 2, Form 2D or Form 20
Lump Sum Quantum Only Pathway
– Application through Form 2
Future Medical Expenses Pathway
– Application through Form 2
Form 2 Applications for:
Form 2D Applications for:
Form 20 Applications for (eg):
Referred to Arbitrator
Disputes regarding proposed medical treatment or services
Form 2 Application
Form 2A Reply
Form 2 Application and Form 2A Reply
Form 11C Application for Mediation
Form 11D Response to Application for Mediation
What is it?
Where can I access it?
What are the benefits of eScreens?
What is the catch with eScreens?
What changes are in progress?