FURTHER UPDATE ON THE NSW GOUDAPPEL v ADCO CONSTRUCTIONS

goudappel-16may2014

Great news for NSW injured workers – The WIRO has confirmed that they will legally assist those injured workers affected by the June 2012 changes who are now, -because of the Goudappel decision- entitled to bring further claims for deterioration of their condition, for pain and suffering, and are no longer required to meet the much higher 11% whole person impairment threshold to bring a claim for lump sum compensation.

You may recall that on 29 April 2013 in this landmark case of Goudappel, the NSW Court of Appeal has held that the amendments affecting lump sum compensation that came into effect on 19 June 2012 do not apply to any worker who had made a lump sum claim before 19 June 2012

FURTHER UPDATE ON THE NSW GOUDAPPEL v ADCO CONSTRUCTIONS

I have become aware of a further delay in the consideration by the High Court of the Special Leave Application.
I have made a decision to fund all matters that may give rise to a claim for compensation arising from the Court of Appeal’s decision in the Goudappel matter.
Funding includes the obtaining of the medical evidence to support a claim.
When making application for funding, Approved Legal Service Providers will need to provide some evidence in the application to the effect that a claim of any type had been made by the worker prior to 19 June 2012.

FOR MORE INFORMATION
Please contact:
Kim Garling
WorkCover Independent Review Officer
13 9476
contact@wiro.nsw.gov.au

(Source WIRO WIRE)

Issued 14 August, 2013

 

Direct link:  http://www.wiro.nsw.gov.au/media/18701/2013___august_14___goudappel_update.pdf

 

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Bunny
Guest

The Appeals court upheld Goudappel’s case so that means that their decision should be being implemented. As usual the government and its agents are trying to get around that and hope no one notices they are breaking the law. I wonder how many retrospectives (pre June 2012) have actually been removed from weekly benefits and medical benefits, because they seem to be going quite slowly. Maybe they are waiting for the Supreme Court decision and holding off somewhat, I may be wrong on this. Anyone know how many?

johnny rotten
Guest

mmmm employ a mongie wow i feel for your situation limbo we are all in it we wait wait and we wait a bit more be prepared for the delays I’ve going for a tad coming up to 4 years and its the same shit it all turns real slow but keep yourself occuppied abuse a politician kick the dog go fishing but what ever you do don’t hold your breathe

In Limbo
Guest

Hmmmm I just rang wiro and it seems they have a huge backlog of applications for solicitor funding and it seems this practice isn’t working (my opinion) It’s been over a month ands now I’m told another month or more! ! Maybe they need to employ some of us to help with the issue?

At A Loss
Guest

ILARS = LIARS

this is really all they are concerned with their ratings and keeping the jobs that were gifted to them by the corrupt Pearce.

http://www.wiro.nsw.gov.au/media/17324/2013___july_29__update___ilars_survey_resultsv2.pdf

In Limbo
Guest
@ not defeated have a discogram your neurosurgeon can order it. That will confirm if the disc has healed or like mine they were leaking into my spinal column. Now I have what my gp calls is permanent spinal nerve damage. I have continual unremitting, intolerable spasming from my hips down,pins n needles, sharp shooting knife like pain in my feet and continual cramping in my calves. And there’s the back pain, can’t sit for more than a few minutes. Boy, the lack of sleep really makes me feel anxious and stressed. So that is damaged nerves! Do you have… Read more »
At A Loss
Guest

In Limbo.

By all the injuries / symptoms you have described it seems you have been under assessed.
Have you been assessed by the insurers doctor only ?

Remember it is in your interest to shop around for better legal advice better representation and strategies.

Not defeated
Guest

At a loss , should I try an independent specialist and not tell them it’s workcover ? My ortho is on the qcomp medical panel ( I googled him and found out ) he has been a decent man and has helped keep my cow case manager at bay but doesn’t seem to communicate much to me . Thankyou for advice .

Pauline Pope
Guest

If you’ve been seeing your Ortho for a while I’d discuss with him whether he would write a report for you. He’s obviously in the best position to do so. Also,he won’t be able to see you as a member of the Medical Panel, so best to get his input to the decision making with a report from his first hand long term knowledgeable position re your injury. In Victoria, not sure about Qld, his report could be paid for by the Workover as part of your preparation for Conciliation Conference.

At A Loss
Guest

Not defeated,
unsure about QLD system.
however speak to your solicitor first. if you don’t have asolicitor get one if your solicitor cant answer your questions change solicitors.

for myself I would see another Dr especially if surgery is on the cards.
remember a lot of surgeons earn their $$$$ by cutting into people. As for the insurance so called specialist they make their money other ways…

In Limbo
Guest

Yes, I was asseessed by a professor and it was much higher however, not 30%…it was a question of do you want to accept the lower assessment or wait another year and another IME appt…I’ve lost count on how many IME appts I’ve been to. So as I’ve said before here, i accepted the lower %…because I needed the $ because of the loss of wages….hmmm.

workcovervictim3
Guest
@In Limbo -and others who may be interested- I assume you are based in Victoria where a 30% WPI is necessary to qualify for “serious injury” – however, just thought I’d re-highlight that many injured workers who do not come near 30% WPI are successful at their applications (with a lawyer) for a serious injury certificate through the qualitative test/narrative test in Court. – See: http://workcovervictimsdiary.com/2013/08/qualifying-for-serious-injury-in-victoria-using-the-narrative-test/ In fact we very recently heard the story of a Victorian injured who was able to establish that her injury is serious enough to obtain compensation for pain and suffering as well as loss… Read more »
In Limbo
Guest

Unfortunately, I am based in nsw. The new laws passed last June means I can’t be reassessed! And I accepted the lower impairment early this year! There’s no going back for another one thanks to those laws! I am totally over 30% according to my gp and especially if it would’ve included the secondary psychological Impairment because of the bullying I endured from upper management and my so called work mates!

FU_CGU
Guest

Hi In Limbo,

AS your injury predates the new Legislation in NSW, I believe that you are covered by the previous legislation. Contact the Injured Workers Support Network (IWSN) in NSW and get their advice. They are pretty well on top of the situation and what options you may have.

http://www.injuredworkerssupport.org.au/

In Limbo
Guest

Hi FU_CGU, yes I’m subscribed to that website and i get the updates. Phil was very helpful to me when I called him probs more than a year ago!
And yes I’m covered by the previous regulations but aren’t they void now until the high court makes its judgement?
Cheers In Limbo

FU_CGU
Guest

In Limbo,

My short answer – fucked if I know 🙂

Talk to your “lawyer man”

Not defeated
Guest

In limbo , I’m in qld . My left back leg above my knee and calf are permanently cramped , my front ankle to big toe feels pressure / burning . My left foot is 50 percent reduced in raising on heel compared to right foot . I either limp or waddle . Ortho said no nerve compression showed on MRI so no one seems concerned but they put me on lyrica for nerve pain . I still have intermitten sciatica in left and right buttock and central biteing back pain . Thankyou for helping me 🙂

At A Loss
Guest

not defeated

Perhaps you need to see a different kind of specialist perhaps a neurosurgeon I don’t know you need to discuss with your GP or search the internet example sciatica neurosurgeon

Shane Bloggs
Guest
@ Not defeated, it could very well be internal disc disruption, you may want to google this condition as it lays undetected by MRI- CT scans and can be found with a discogram, I had a positive discogram to 2 levels without nerve compression showing on films. The doctors are aware of this condition but choose to ignore it, moreso if it is a Workcover Dr you have been sent to see. When you take your car for a service and it has a misfire, they do a test and not find anything, they do further diagnostics to determine the… Read more »
At A Loss
Guest
NSW Injured Workers, Contrary to the recent media release from WIRO there are still delays in receiving legal assistance from ILARS which should really read as LIARS. My solicitor has just informed me that LIARS are waiting for the appeal in the Goudappel decision. So anyone affected will be waiting for a further month or two even if your case does not rest on what the decision outcome will be. LIARS administers funding to the solicitors looking after your case and are waiting for the next decision. This all came about after Fred Senile made a late amendment to the… Read more »
In Limbo
Guest
@ At A Loss my solicitor is also waiting for funding from ILARS…So looks like he’s not going to get it, if this is what you’ve been told. This is just my worst nightmare! i’m also waiting for a work capacity decision however, I was terminated from my nsw government job and I am unfit for work. I have a panic attack every time I hear the mailman.PSTD from the injury and all the unfair dealings with the insurance co and IME’S..I’m on the stat rate nsw and it looks like i’m not going to get the pain n suffering… Read more »
In Limbo
Guest
And the worst decision of my Life was to have a double spinal fusion = sciatica irritated nerves deteriorating quality of Life! Actually I don’t have a Life anymore due to intolerable unremitting neuropathic pain,anxiety,stress and no money,honey! I am not the bubbly, happy person I was before my injury. I can’t move without painkillers and my so called friends don’t understand! It’s a disgrace to a human being to be treated like a number! My case manager hasn’t got a clue how to handle my case and I am refused everything so I have to pay for the much… Read more »
At A Loss
Guest

hi in limbo,

hang in there you will be victorious.
when was your injury?

workcovervictim3
Guest

@Limbo (and others who have applied for rego with the forum), please be a little patient (I know we keep saying that) but with our Poo again out of total action, we’re struggling to access the back side of the forum, where regos take place. We’ll sort it out ASAP and consider yourself pre-approved.

In Limbo
Guest

My injury was in 2008 however I struggled to work everyday for 2 years before surgery for 2 torn discs!

Not defeated
Guest

In limbo . I’m so sorry for you ! . I have a current torn lumbar disc with nerve entrapment , wondering if you got told yours would heal ? I have been told that but 16 weeks later its better but still painful every minute of every day .

At A Loss
Guest

Hi In Limbo your injury was pre Workcover changes,
hence the Goudappel decision is of importance to you.

Bunny
Guest
The ONLY way to counter this is in the courts. The O Farrell government has trampled all over worker’s basic common law rights. There is no higher courts in this land which would accept this kind of lack of procedural fairness. As long as people and that includes lawyers, civil rights groups, injured workers, the medical profession and unions fail to challenge this, then the more we will suffer. The latest news should also be a wake up call for the apologists of the LNP. Because now going to and from work is not covered by Workers Comp, there will… Read more »
workcovervictim3
Guest
We received the following email from NSW injured worker “D” which we believe is worth publishing here: Just thought I’d give you some insights into what takes place during the whole process, from Work Capacity assessment,  Internal review, Merit review and finally,  the Wiro application. The first major hurdle is that,  nowhere during the process can a legal rep be paid, or represent the individual,  until the case has gone beyond the WIRO decision stage. Also,   a persons treating doctors recommendations,  can not be used to counter the over bearing weight and influence of the Insurance companies “independent ” medical… Read more »
Bunny
Guest
This is a good sign, it means that they have finally actually implemented what the Appeals court decided and not put it on hold until the final decision of the Supreme Court. It also means that they assume the Supreme Court will rule in favour of the Appeals court and throw Barry O Farrell’s (ADCO, yes he is behind it)  defence argument out. When this happens in a few months, the flood gates for the retrospectives will open. You cannot have a decision that has been reached on the basis of retrospective application being wrong only applying to part of… Read more »