Here is a recent WorkCover Independent Review Officer procedural review decision of an insurer’s work capacity decision or assessment on an injured worker.
This review occurred after the insurer’s decision to reduce the injured worker’s weekly payments to “nil”.
This WIRO 21 page (heloooo) “report” is, in our humble injured opinion nothing more but evidence of the extra , wasteful, questionable and costly, bureaucratic red tape that has been created as a direct result of this new draconian NSW workcover legislation.
WorkCover NSW work capacity decision – WIRO update
As you can clearly see, the decision highlights a number of procedural flaws with the work capacity decision and also with the entire -ridiculous (xcuse us) system of work capacity assessments to date, especially to the detriment of countless NSW injured workers (and their families).
This decision could possibly be used to reinstate injured workers weekly payments who have had a negative outcome since the inception of the 2012 Workers Compensation Act 1987 Amendments where the insurer made the same errors.
Amongst the insurer errors mentioned in the decision include:
- A failure to provide the date of cessation of payments
- Inaccurate or non-specific referencing of the particulars of the relevant legislation
- No reference to the entitlement periods
- Non specification of the key information or evidence relied upon to make the decision/s.
- The failure to follow the requirement of providing 3 months and 4 days clear notice of the enactment of the decision. (This may be in breach of S. 54 of the Act and prosecutable)
The WIRO review decision also states that the WorkCover Authority has failed to generate or approve a form for review of insurer’s decisions and that they are yet to formulate or gazette relevant Guidelines to the making of Work Capacity Decisions – Best Practice Decision- Making Guide.