Time to discuss some issues with Mr Kim Garling – the NSW WIRO Officer

corruption-workcover

Further to our article titled “NSW WIRO Executive Kim Garling racked up $15k on US trip” highlighting some very questionable past and current conduct on the part of Mr Kim Garling, head of the WIRO, and of the inner workings of the very costly WIRO, we, and many NSW injured workers believe it is high time to discuss some issues with Mr Garling.

Let’s face it, How can someone be ‘selected’  or, rather be ‘hand-picked’ by someone who got the sack for corrupt conduct (Mr Pearce) to be the WorkCover “Independent” Review Officer (WIRO – a job and organisation that was solely created & introduced as part of Pearce’s draconian WC legislation), whilst their resume clearly states that they recently ‘avoided claims’ and ‘successfully denied’ matters in favour of insurance companies whilst Principal of their own Law firm…?

If that is not enough, “…despite having 31 staff and the office costing $8.4 million a year to run, Mr Garling was forced to admit the office had received just 350 complaints in almost a year in the job. ”

….And worse,Of those, 50 matters are outstanding – only two of them “serious”.”

Time to discuss some issues with Mr Kim Garling – the NSW WIRO Officer

aworkcovervictimsdiary was fortunate enough to be copied into the following exceptionally well written email correspondence from a distraught wife (J)of a seriously injured worker (R) to various members of the NSW Parliament; including our beloved pro-injured workers’ hero David Shoebridge.

J kindly allowed us to publish her email, and it is our hope that many other (particularly NSW)  injured workers will follow in her exemplary footsteps and raise their own complaints about Mr Kim Garling and/or the WIRO in return! The more complaints the better. It is high time that our injured voices be heard, that our complaints be read and taken seriously. It is – in our humble and seriously injured opinion- impossible that Mr Garling “only has 2 serious complaints” (in 1 year!!!).

We urge all our injured readers to use J’s letter/email as an example on how to draft their own letter/email. Don’t wait for others to complain, please – this matter needs a mass complaint! Especially at a time while their is some “momentum” going re Kim Garling and the WIRO.

From: J

To: andrew.constance@parliament.nsw.gov.au
Cc: david.shoebridge@parliament.nsw.gov.au;  Penny.Sharpe@parliament.nsw.gov.au;  peter.primrose@parliament.nsw.gov.au;  michael.daley@parliament.nsw.gov.au;  john.kaye@parliament.nsw.gov.au;  john.robertson@parliament.nsw.gov.au;  adamgrumley@injuredworkerssupport.org.au;  info@workcovervictimsdiary.com;  john.robertson@parliament.nsw.gov.au

Subject: Retrospective Workers Compensation Legislation & WIRO

Dear Andrew,

I refer to the article below and note that you intend to meet with Mr Kim Garling in the future to discuss some issues.

MailScanner has detected a possible fraud attempt from “wwwdailytelegraph.com.au” claiming to be http://www.dailytelegraph.com.au/news/nsw/greg-pearce-workcover-appointee-kim-garling-racked-up-15k-on-us-trip/story-fni0cx12-1226708616495?sv=79979bef20957f1cb1de1f778b03d70e

You would be quite familiar with R’s case, as we wrote to you on numerous occasions last year, and received letters back from Greg Pearce which show inconsistent answers to questions raised, and also allude to his (lack of) knowledge of the WorkCover system and the resulting life-shattering effects his draconian retrospective legislation changes has had on Injured Workers and their families.

Once again, I now invite you to refer to my twitter account @XXX for a background on R’s 10 year long Workers Compensation saga since the introduction of the new retrospective WC legislation and the effects on his particular situation within the NSW WorkCover ‘system’, which is still dragging on after waiting the past 9 months for his matter to go in front of the WCC arbitrator last week, whereby the decision was that R now has to see yet another ‘Government Appointed’ “Independent” Medical Assessor to establish if he can receive the commutation payment that he was entitled to 1.5 years ago, the week before the legislation was cruelly changed for all existing and future injured workers of NSW.

John P (2IC at WIRO) took R’s call months ago and (informally) mentioned that other people in less serious situations than R had been successful in having their Arbitration dates expediated – …

…although we gave both WCC & WIRO letters stating that R had tried to commit suicide and had been in the Psychiatric Ward twice this year as a direct result of the legislation changes – however, apparently this is not reason enough to expedite an Injured Worker’s WCC arbitration date…

John was compassionate and patient, and completely empathised with R and understood where he was coming from, but checked with ‘someone’ at WIRO and came back to advise that…

unfortunately they were unable to assist in expediting his Arbitration date.
R, (who sustained a severe spinal injury, with no prior psychological illness) has now spent 3.5 months in a Psychiatric facility this year to simply try to cope whilst waiting for the WCC date, to now be told he has to wait another 6(?) weeks to go to yet another ‘Government Appointed’ “Independent” Medical Assessor, to then wait for yet another Teleconference Arbitration date.

This will now waste more money in airfares, accommodation, food, taxis, legal fees for both sides, not to mention the $1,500 Doctor’s report fee.

How is this process saving the system money? The system now requires R to present monthly Medical Certificates – this is 3x as often as previously required, which means 3x the money required to be spent by the Insurer to pay for the Treating Doctor’s monthly consultation to write these Certificates (for which the Doctor write the exact same information every single month – that R is severely injured and is unfit to work indefinitely).

The tripling of paperwork then leads to the Insurer to have to process 3x as much paperwork for the same injury….and this is just ONE Injured Worker’s claim!
Multiply that by the thousands of injured workers in the state.
That is 3x as much money being spent on the bureaucratic red tape without even getting anywhere….

How is R’s claim not valid enough to warrant being one of the 50 matters outstanding, let alone one of the 2 “serious” matters?
Does he have to be dead before anyone takes notice?

Refer also @XXX who is my husband himself.

This link may also be of interest to you:

http://www.parliament.nsw.gov.au/prod/parlment/hansart.nsf/V3Key/LC19930401016

also Kim Garling’s resume which has been posted on the WIRO website:

http://wiro.nsw.gov.au/about/welcome/about-ka-garling/

an extract of which is below:

kim-garling2

WORK HISTORY

2012 – Present > WorkCover Independent Review Officer
1996 – 2012 > K A Garling, Principal
Clients included an insurance company where in one matter alone the insurer was able to avoid claims totaling in excess of $6m. Another matter worth over $10m was also successfully denied.

kim-garling

I wish to ask that how is a person able to hold a position as the WorkCover “Independent” Review Officer, however the resume clearly states that this same position holder recently ‘avoided claims” and “successfully denied” matters in favour of insurance companies whilst Principal of his own Law firm..

Kind regards,
J



This post has been seen 1252 times.

9 Responses to “Time to discuss some issues with Mr Kim Garling – the NSW WIRO Officer”

  1. Thank you for sharing this with us. My husband was a fit indepentdant proud hard working man until he injured himself at work and we have had to watch him become an old man of 56 and has gotten worse since June 2012…he now sees a psychiatrist and takes medication these laws are absolutely devastating on all who it affects except for the insurance companies.
    I for one will be sending another email of protest similar to this great one.I also will voice my protest against the liberal government this Saturday
    Finally thank you for a great site

    Thumb up 0 Thumb down 0

  2. The MPs that this letter was cc’d to are those MPs who have tried to assist injured workers in some capacity since the legislation was changed.

    The same sort of email/letter should also be sent to BOF, his Government and all those others (ie Fred Nile, Shooters & Fishers) whose votes allowed this draconian legislation to be passed. These MPs need to understand the effects that their vote has had on the Injured Workers of the state. If we don’t write to them and let them know, how else will they have any idea of what they have helped let happen?

    Especially since some of the MPs have since admitted they either did not read/understand the legislation they were voting on at the time. But that’s what the Government were counting on – the legislation was passed at 3am on the last day before Winter Break.

    Thumb up 0 Thumb down 0

    • Jan,
      don’t forget they were also drunk when the laws were passed, further more O’Farrell threatened that the winter break could not commence until the laws were passed.

      Thumb up 0 Thumb down 0

    • FACT and quoted from WIRO page 4 of 12.., overwhelmingly the majority of claimants are manual workers with limited education and a high majority do not have English as a first language, it is surprising that it would be thought appropriate to try and communicate important and complex information concerning a workers livelihood over the telephone rather than in writing.

      So given this information regarding education what chance if any, do injured workers have to verbalise to the insurer their capacity in any way and especially if disavantaged by not having an education??? In my opinion NO HOPE!

      Good on WIro for bringing this up as a point of fact!

      Thumb up 0 Thumb down 0

  3. @Jan
    Where are the letters we need to send to the MP’S????

    Thumb up 0 Thumb down 0

    • @In Limbo: the letter/email is here on the page! Written by a distraught wife of a seriously injured worker – this email/letter should be used as an example to write your (our) own letters to the supportive MPs (and BOF et al) to highligh th dysfunction and ongoing appalling treatment of seriously injured workers, even with the WIRO

      Thumb up 0 Thumb down 0

    • @In Limbo,

      The letters are any words you can write down that describe your own experience since the legislation change. An example of a letter is attached. Write to (or call if you can’t – but good luck getting anywhere on the phone) your local MP, or go straight to the relevant Minister, Andrew Constance to let them know how your own life has been affected by the introduction of the legislation.

      Your letter/email/call doesn’t have to be long – it just need to show that you are one of thousands of numerous Injured Workers out there whose lives (and families) have been directly affected.

      Thumb up 0 Thumb down 0

  4. @Jan,
    Yes well I’m fuming mad today because I never got paid again and the w.c assist line said they can’t do anything about it until 6 days has lapsed! The last excuse from my c.m was “I was off sick” so if they are off sick you don’t get paid on time…bearing in mind I hardly have anything left once I cover my rent that is due tomorrow!!

    I wish I wasn’t exhausted from pain because then I would try and write to them. I’ve met so many injured workers at my local rehab (which i have to pay for) who are in exactly the same boat as me and they do nothing about their circumstances…so many disavantaged injured workers in nsw that just feel powerless!

    I have to curl up most of the day housebound, in pain!!!!!

    I have directed lots of injured workers to checkout and join this website!

    Thumb up 0 Thumb down 0