workers compensation commission state legal conference 27 march 2008 sian leathem, registrar workers...

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

Contact Details

• Telephone: 8281 6350

• Email: sian.leathem@wcc.nsw.gov.au

• Website: www.wcc.nsw.gov.au