New WorkSafe Vic certificate of capacity mandatory 1 March

certificate-capacity-workcover-vic

Just a reminder that WorkSafe Victoria ( Victorian WorkCover Authority) has stated that as of 1 March 2015, the new certificate of capacity will be mandatory if injured workers are to receive their weekly payments when off work.

New WorkSafe Vic certificate of capacity mandatory 1 March

As previously posted,the “new” WorkSafe Vic certificate of capacity was first introduced on 1 July 2014, with the Victorian WorkCover Authority/WorkSafe Vic advising that the previous, simpler certificates would still be accepted until January 2015.  WorkSafe Vic has stated that this grace period has now ended, and only injured workers covered by the new certificates of capacity will be entitled to their weekly payments of compensation from 1 March 2015.

The “new” WorkSafe Vic certificates put a much more demanding burden on injured workers as well as on their treating doctors. The new WorkSafe Vic Certificate of capacity are two pages long (rather than the former 1 page), and require the treating doctor to give a diagnosis, make an “assessment” of the physical and mental function of the injured worker, outline what the planned treatment is, and assess what the injured worker’s “capacity” is for everyday activities such as sitting, standing, bending, squatting and kneeling.

Preview the certificate of capacity.

You can find information sheets about the new WorkSafe Vic certificates of capacity on the WorkSafe Vic/VWA website:

Certificates Of Capacity

Download the new certificate



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27 Responses to “New WorkSafe Vic certificate of capacity mandatory 1 March”

  1. I wait for other injured workers’ personal experiences with this new certificate.

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    Xchangingvictim March 2, 2015 at 10:18 pm
    • If the form is filled in with no capacity then watch out.. My Dr fills it in with most things heavily modified… For me unless they can get someone to help me set up Dragon Naturally speaking I can’t do most of my type of work. Even with Dragon I doubt I would be able to do the complex spreadsheets I was required to do… And then there’s the headaches… Heavy thought processes make my head hurt and eyes blur… if I am unable to concentrate or see properly I am unable to do any part of my job…
      I am currently waiting on a court date for serious injury certificate. Fingers crossed…
      I’m scared sh&#less, but one does what one has to do… just wish I had some one to hold my hand through all this mess… 😕

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  2. Reminds me of what happened in NSW, this is just a ploy to damage the relationship between the injured worker and their doctor. They hope the doctor will get so fed up they will refuse to part of the system anymore. Wonder what they will look like if Abbott gets his way and transfers all state worker’s comp to the federal arena (under Comcare) and then privatises the whole lot including appeals. The whole medical certificate changes place the emphasis upon working not your medical condition, they could not give a rats about your injury, they just want to force you back to work and be done with you.

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  3. My dr has a hard enough time filling in the old forms……

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    • Had a great laugh about the new certificates reason being I put one in January this year as my grouse GP told me that they had changed.
      Next visit said bugger them there still accepting the old ones.
      After some bullshit with a new smartarse C/M who I had replaced after that shit number 57 gone . waiting for 58 lol don’t fuck with Harry.
      Put my new 3 month one in yesterday yes the 2/3.
      Got a lovely email from my insurance company saying no problem all good been processed.
      Different rules for different cases.

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      • Mine was accepted (the old one) end of Feb for 3 mths. Don’t intend filling out the new one. Will let u know how I got on with that. My injury/condition is too complex for their stupid little tick the box form.

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        • How do you get onto quarterly forms?

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          • @Woowoo
            Hi Woowoo I only found out about 3 monthly certificates last month after another change of C/M number 57 in 3 years and another dispute about late payment of weekly payments this one was a complete nazi telling me I had to do what she said and how much she knew about the Vwa legislation lol.
            After a pretty robust discussion and asking the Cow what medical qualifications she had as I have my SIC without having to apply to the court and a medical panel decision totally in my favor saying that I won’t ever be able to work again I asked her how she could override six emernent professionals. She told me that mp decision didn’t matter and I was wrong and she was right.
            So I told her politely of course to Get Fucked and she would not be my C/M by the end of the week. She thought that I was full of shit.
            Rang my Good friend the case complaints manager and told her about my situation and wanted to make a formal complaint about the stupid bitch my words.
            Within 10 minutes I had her manager on the dog and bone profusely apologetic saying my wages would be be paid the next day and because I have been on the system for over 2 and a half years I can put 3 monthly certificates in from my Gp know one else had told me about this. And to rub salt in I would get another C/M number 58 in a couple of weeks I have had 5 taken off my case after complaints about there lack of knowledge and bad attitude.
            Don’t take there shit complain to the top brass go to the shovel not the Shit I have also spoke to the managing director a couple of times.
            Know everything is hunky dorey again and I have a direct contact number for the team leader amazing how they change when you when you speak to the right people.
            I’m trying for the record of how many C/M I can have lol.
            Have my direction hearing tomorrow for supreme court proceduings for my common law claim.
            Good luck with your SIC Application.
            Cheers Captain Harry}

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            • @Captain Harryrort – I am crossing my fingers and toes for your court hearing, best of luck mate!

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            • @harryrort Glad you have a good team leader, my insurers team leader is a know it all prick! I’d had so many arguments with him he reckoned he was always right even when I proved him wrong? Yes I worked it out in the end after discussing it with my Doctor, he was trying to push my buttons and I suppose push me over the edge. Workover insurers are where all the evil people end up being employed; I’ve never come across more evil disgusting people in my life that work for insurers and their subcontractors.

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            • @Harryrort, Thankyou and good luck with yours…
              I do have good supportive reports from the last 2 IME’s. They are not confident I will be able to return to work. I guess once I have the SIC I’ll be in a better position to request the move to 3 monthly certs… After all it will save them $’s too…

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            • Hi Harry good luck with the hearing.

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              Xchangingvictim March 7, 2015 at 8:00 am
          • @Woowoo, according to WorkSafe Vic (online Claims manual)

            examples of injuries and special reasons for an extension of 28 days include:

            -the worker depends heavily on others, for example: severe continuing brain damage or quadriplegia
            -long haul recovery, for example: paralysing diseases, surgery to vertebrae, paraplegia, serious infection, osteomyelitis, brain abscess or tuberculosis
            permanent incapacity, for example:
            -any worker living overseas who has satisfied the agent before leaving Australia, that they have no current work capacity and this is likely to continue indefinitely
            -an examination by an independent medical examiner confirms that the worker will be continuously incapacitated at the same level
            -the worker has been classified as having no current work capacity indefinitely.

            (see extending certificate of capacity – http://www1.worksafe.vic.gov.au/vwa/claimsmanual/Content/9Entitlements_WeeklyPayments/9%202%206%20Extended%20certificates.htm )

            YOU can ask your case manager for permission to provide 3 monthly certificates, indication above reasons (eg. no change of capacity over past x months or years, no future work capacity, serious injury)

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  4. BREAKING NEWS………..

    Just announced on radio that that the heads of WorkCover Victoria have been sacked!!!!!!!!!!

    WorkSafe Victoria chairman David Krasnostein and chief executive Denise Cosgrove were sacked on Monday for providing incorrect advice.

    Great news for all injured workers in Victoria.

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    • Denise Cosgrove: escaped criminal charges in New Zealand following a fraud business scheme so it was just a matter of time before we could see this scam kicked out.
      But I wonder if the people who employed Denise Cosgrove are still in charge!

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      Xchangingvictim March 3, 2015 at 2:58 pm
    • Denise,KARMA baby im happy with the news.There needs for more sacked,but we have to start somewhere and im glad she was one of them.

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    • Yes great start !! ( the sackings ) now Andrews needs to look into the dishonest practices of IME’S and Case managers !!
      kevin

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  5. Where is it that the VWA make these announcements about the WorkCover Certificate? I haven’t seen any???

    As for the sackings…….couldn’t have happened to nicer people! Wonder if they will make a Claim for Psych Injury???

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  6. Hey guys, after reading the Act, i.e.
    105. Medical certificate
    s. 105
    (1) A certificate required under section 103(1)(b) to accompany a claim for compensation must—
    (a) be issued by a medical practitioner; and
    (b) be in a form approved by the Authority; and
    S. 105(1)(c) amended by No. 107/1997
    s. 30(9).
    (c) specify the expected duration of the worker’s incapacity and whether the worker has a current work capacity or has no current work capacity.

    It appears that the only inforation required BY LAW is the information listed in s(105) and because the old form was one “approved” by the Authority then it is still a legally valid Certificate.

    OF COURSE, they would like the newer form filled in because then they can try to manipulate and twist the details against the worker.

    Don’t do the new form unless you have good reason to.

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  7. You know what I find the most ludicrous aspect of having to submit monthly (or 3 monthly) certificates of capacity? When you have had your injuries assessed as PERMANENT , yep, permanent as in forever! Why the need for a bureaucratic piece of paper every month? And at a monthly cost of a GP or specialist consult! What is it about PERMANENT workcover does not understand?

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    • I also have a permanent physical injury and was booted off workover payments after a Psychiatrist said in his report I was fit to work! During the months up to this I had caught out the insurer and one of its subcontractors lying several times which was reported to Worksafe, “The squeaky wheel gets the oil” so I suspect this is why they cut me off ‘as punishment’?
      On the way to Conciliation I actually found another lie/error they had written; by the time I got to the Conciliation conference the Conciliator, Workcover assist and insurer had already made the decision to send me to the Medical panel. I tried to bring up the latest lie/error but was told by Workcover assist not to say anything as the insurer would have me cut off as soon as he left the meeting! so after 3 months on Centrelink I now have an appointment with the Medical panel.
      Mr Andrews needs to clean up the whole corrupt system! Workcover assist and Conciliation is supposed to help the injured worker. I just pray the Medical panel aren’t full of biased Doctors and specialists.

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  8. Jo don’t worry, Medical Panel really is independent. I was on Centrelink nearly 6 months before saw MP & my payments were reinstated. They actually said they did not agree with the IME who claimed I had an injury but could go back to the employer who caused it. Not one IME has ever agreed with that first CORRUPT & well known IME!
    Just don’t expect interest to be paid by insurer if Medical Panels reinstates including all back pay. That’s the rort insurers use re termination of payments – it’s a “difference in medical opinion” not an error, so therefore the legislation does not allow for interest payments. That way the insurers have no risk is cutting payments and keeping injury workers entitlements in their bank accounts earning interest for as long as possible!

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    • Thanks Fix workcover, I really hope they rule in favour of me. I can hardly look after myself let alone gain employment; I have to rely on family to help with Housework and drive me to appointments when I can’t drive. If anyone did employ me I’d be afraid of missing work because of my injury, imagine saying to an employer ‘Oh sorry I can’t work this week’ or similar and expect them to keep a job open for me.

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      • Hi Jo,
        I have been to numerous IME’s and recently a Medical Panel as WC accepted liability for secondary injury BUT denied any treatment including requested surgery DESPITE imaging showing the need for it.
        The panel is the same as seeing an IME- just more of them. It’s played out as Good Cop/ Bad Cop
        They are just as sneaky and NOT independent in any way- they just cost the insurance company more $$$$.
        I had 3 on my panel ( 2 ortho surgeons and 1 professor) and it was like a police interrogation. They jump around with their questions, re-phrase what you say (incorrectly) and try and turn the tables on you. For me they were trying to deny surgery before they even saw any imaging! They tried to get me to agree that I shouldn’t have it. They compared my original injury (Shredded my R knee to pieces) with the secondary one on my L knee(wear and tear after 2.4years on crutches). They will try any angle- mental stability, drug use, social problems , family history of relatives and grandparents and any other shitty tactic they can conceive.
        They can be very intimidating and can all talk AT you all at once. If the question is not immediately relevant to your medical problem DON’T ANSWER IT. Steer them back to WHY you are there.
        For the physical I watched them (their feet) come down the corridor and go behind the VERY OBVIOUS 2 way mirror. They really need to frost the glass wall to the bottom- bunch of morons. They had me wait, undressed in this room for over 10 minutes! Perverts. Watch the physical examination. They will try and get you to do stuff that you really can’t. They took my crutches off me and told me to stand on each leg separately (impossible for me). I think they enjoyed stressing me out.
        They would not let me be in the room when they looked at the MRI or discuss it with me.
        They did finally agree to 1/2 the procedures requested. Bonus win they did state the the IME I saw last, that his opinion was not medically correct!!!!!!!!!!!!!!! (Mr John Skelly- Geelong)
        Your Conciliator normally calls you to discuss the outcome (if you don’t win it all) and to let you know it is final and binding.
        This is from http://www.medicalpanels.vic.gov.au
        Who pays for the examination?
        The cost of your examination is paid for by
        your WorkCover agent or self insured employer.

        for me I had the last laugh as my idiot SCM at Allianz didn’t (or couldn’t) read the report properly and approved the WHOLE OP..ha. All I can say Jo is it is a huge waste of WC money and can be stressful.
        Remember they are spying on you ALL the time.
        Good Luck
        from the Mad Chef

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        • @Mad Chef @Jo
          Mad Chef I was interested to hear about your experience with the Medical Panel Did you have a conciliation meeting before you were referred to the MP?. And was it just for ongoing medical treatment not wages?.
          As Fix Workcover said the MP is usually very good and truly independent body of people.
          Are you getting sent there for payment of weekly payments Jo?.
          My experience with them late last year was because of the 130 week cut off of weekly payments. Just note that if you are getting paid by centrelink at the moment and the medical panel rule in your favor you will have that money deducted from your work cover payments by centrelink. But don’t worry the insurance company handle that part of it you just have to let centrelink know.
          I had six people see me when I went there and could not fault there professionalism and honesty and conduct towards me.
          Yes they ask a lot of questions and do a full range examination of your injuries but all the ime’si have seen have been worse to deal with one evensaid that he would not touch my arm as I was clearly in pain.
          In summary Jo I really don’t think that you will have a problem with the mp just be honest upfront and courteous.
          If you want more info about it and who to speak to at Worksafe Assist I have the top man’s phone number Please email administration and I will ask WCV To pass on my contact information to you.
          You’re also entitled to ask for taxì to get ýou thère and back.
          Hope it all goes well for you any questions don’t hesitate to ask that is what we are here for.
          Kind thoughts and wishes Captain Harry.

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          • Hey Captain Harry,
            yep it was for medical treatment (refusal of surgery), the wage thing I haven’t even started on that rant!!!!!!!!!
            Yep went to conciliation first. Total time from request to success was almost 13 months -op # 3).
            Hope your days going well
            Mad Chef

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  9. The MP doctors I saw seemed nice enough but my gp, lawyer and ironically the last Workcover funded doctor I saw, all said they screwed me over.

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