Workers Compensation Commission Case Management Forum

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Workers Compensation CommissionCase Management
Forum
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1. General2. Expedited Assessment3. Medical
Dispute4. Costs Assessment5. Common Law
MediationArbitral and Medical Appeals
Types of Disputes
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General (1) weekly compensation
benefits (2) medical, hospital related
treatment (3) permanent impairment (4) pain
suffering (5) death (6) property damage
Types of Disputes
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Overall Workload
Application Type 2008 2009 2010
Application to Resolve a Dispute (Form 2) 8,898 8,707 8,921
Interim Payment Directions (Form 1) and Revocation of an IPD (Form 1A) 558 586 516
Workplace Injury Management dispute 154 124 139
Registration for Assessment of Costs 245 256 240
Commutations (Form 5A) and Redemptions (Form 5B) 163 267 227
Mediations (Form 11) 598 705 848
Arbitral Appeals (Form 9) 161 185 135
Medical Appeals (Form 10) 655 606 566
TOTAL 11,432 11,436 11,592
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Recent developments in the Commission

• Change in arbitral services
• Major client survey
• Legislative amendments

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Recent Amendments- Workers Compensation
Commission Rules 2011 operational 1 July
2011. - Workers Compensation Legislation
Amendment Act 2010 - amends both the 1987
and the 1998 Acts operational 1 Feb 2011.
- Workers Compensation Regulation 2010
operational 1 Feb 2011.
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Some recent developments

• Change in arbitral arrangements from July 2010
• Review of Professional Development Framework for
  Arbitrators and Approved Medical Specialists
• Regional Venues Review
• Update of Forms, Guides and Practice Directions
• Client survey

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Future initiatives

• Evaluation of restructure
• Upgrade of electronic lodgment facility
• Redesign of website

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Professional Development Frameworks

• AIM to improve the quality of decision-making
• Key Components
• Competency Framework
• Performance indicators / measures linked to
  framework
• Self Development Plans
• Peer Review
• Performance Appraisal

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Uses of the competency framework

• The foundation for
• self assessment
• peer review
• appraisal
• design and development of professional
  developments opportunities including conferences

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Some observations for Respondents

• 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 dont wait until youre
  in the Commission before seeking GP / hospital
  notes
• Some confusion around lead agent provisions
• Scatter gun approach dont say its in dispute
  if it isnt!

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Some observations for Respondents

• Parties can agree on an Approved Medical
  Specialist
• Check the AMS referral document dont wait
  until after a Medical Assessment Certificate has
  been issued to make objections
• Reconsideration power
• Uplift in costs for complexity

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General Points to remember

• At no stage should any of the parties contact the
  AMS directly
• The insurer does not arrange the examination or
  instruct the AMS
• The WCC makes all arrangements with the AMS
• instructs the AMS and
• informs the parties of the outcome

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Contact Details

• Telephone [phone]
• Email sian.leathem_at_wcc.nsw.gov.au
• Website www.wcc.nsw.gov.au