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Brief overview of 2012 amendments Commission Jurisdiction post 2012 amendments

The College of Law 27 June 2013 Workers Compensation Commission Year in Review Annette Farrell Acting Registrar Workers Compensation Commission. In this session :. Brief overview of 2012 amendments Commission Jurisdiction post 2012 amendments Statistical overview – 12 months in review

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Brief overview of 2012 amendments Commission Jurisdiction post 2012 amendments

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  1. The College of Law27 June 2013Workers Compensation CommissionYear in ReviewAnnette Farrell Acting RegistrarWorkers Compensation Commission

  2. In this session: • Brief overview of 2012 amendments • Commission Jurisdiction post 2012 amendments • Statistical overview – 12 months in review • Listing implications • Facilitating Settlement • Form changes • Changes to Rules

  3. 2012 Legislative Amendments Legislation • Workers Compensation Legislation Amendment Act 2012 Regulations • Workers Compensation Amendment (Transitional) Regulation 2012 • Workers Compensation Amendment (Further Transitional) Regulation 2012

  4. Overview of Amendments Schedule 1 – weekly benefits compensation • Created separate entitlement periods • Work capacity assessments by insurer • New review process Schedule 2 – lump sum compensation • Introduction of threshold for permanent impairment compensation - > 10% • Abolition of pain and suffering lump sum compensation • Limit of one claim for permanent impairment compensation

  5. Overview of Amendments Schedule 4 – medical and related expenses • Only payable for 12 months after claim or weekly payments conclude Schedule 5 – journey claims • “real and substantial connection” Schedule 6 – heart attack and stroke claims • “significantly greater risk of injury” Schedule 7 – disease injury claims • “main contributing factor” Schedule 11 – miscellaneous amendments • Each party to bear own costs

  6. Commission Jurisdiction • Impact of work capacity decisions • Section 43(3) of 1987 Act • Medical treatment without prior approval • Section 60(2A) of 1987 Act • Award of legal costs • Section 341(1) of 1998 Act

  7. Statistics Overview

  8. Statistics Overview

  9. Statistics Overview

  10. Statistics Overview

  11. Listing Implications Registered Pre June 2012 • Registration to teleconference – 5 weeks • Teleconference to con/arb hearing – 3 weeks (no DFP) • Teleconference to con/arb hearing – 8 weeks (with DFPs) Registered June 2013 • Registration to teleconference – approx 36 weeks • Teleconference to con/arb hearing – between 3 and 9 months

  12. Facilitating Settlement Registrar’s Interim Guideline • Directions for Production Prior to Teleconference Early settlement discussions • Prior to teleconference • Email consent agreements Authority to settle • Instructions during proceedings

  13. Rules 2011 amendments • Effective from date tabled – 7 June 2013 • Still 2011 Rules • Table of all changes available on website • Only significant change to Rule 17.7 • Defective Pre-filing statements • reflects judicial interpretation Wilkinson v Perisher Blue Pty Ltd [2012] NSWCA 250

  14. Further Information The Commission’s website: www.wcc.nsw.gov.au The Commission’s email: registry@wcc.nsw.gov.au The Commission’s toll free number: 1300 368 040 .

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