Workcover case manager: it’s all about influence and pressure on treating doctors

workcover-case-manager-bullies

We recently received an email from an injured worker stating that s/he feels that s/he is being harrassed and bullied by his/her workcover case manager. The injured worker wonders if there is anything s/he can do about this behaviour, besides engaging a lawyer.

Workcover case manager: it’s all about influence and pressure on treating doctors

I am currently under work cover for a XX injury. I feel that I am being harassed and bullied by my case manager even though I am fully covered by a medical certificate until late October.

Aside from engaging a law firm, are there any other steps that I can take, as my GP is now changing his original view, and is siding with work cover after considerable and daily communication from them.

We so often hear from injured workers that their workcover case manager often calls their treating doctors and even their treating specialists (i.e. specialised surgeons, specialised pain doctors, psychiatrists etc). We also hear a lot from injured workers in states that appoint “nurse case managers”, that they insist on attending injured workers’ medical appointments, claiming they have the injured worker’s “best” interest at heart. Many ignorant injured workers also allow their rehab service provider to attend their medical appointments. Injured workers should never ever allow this!

case-manager-10-CommandmentsAs posted in our article “The case manager’s 10 commandments”,  commandment 9: You (as in the case manager) shall not pretend to be a doctor! This is very  important. Please don’t tell injured workers who have suffered a primary and/or secondary psychological injury “that they do not need to see a psychologist or psychiatrist but can talk to you instead”. Please do not harass, intimidate and bully injured workers out of their legitimate medical and like services. You are not a doctor, you are not a psychologist, no psychiatrist, no surgeon, no neurologist or other medical specialist.  Do not gamble with injured workers’ lives!

Any injured worker should ABSOLUTELY talk to their treating doctor(s), and ask that s/he/they NOT speak with the workcover case manager.

Simply tell your treating doctors (i.e. GP, Surgeon,Pain doctor, Psychologist, Psychiatrist, Physio etc) that you feel it is a violation of your PRIVATE doctor-patient relationship.

Also, make sure you write a letter to your case manager requesting s/he explicitly refrains from contacting your treating doctors by telephone, and that you refuse anybody from the insurance company (i.e nurse case manager, rehab provider) to attend your medical examinations/appointments, highlighting privacy breach.

Obviously the Workers Compensation Act (in all states) allows the workcover insurance company access to medical records in support of billing and liability matters, since this is necessary to allow the carrier to determine whether the treatment is related to work injury, etc.

However, this does NOT give them an unrestrained right to trample the doctor-patient relationship or to disregard your privacy interests.

In particular direct and private telephone calls by workcover case managers with your treating doctor(s) are an extreme violation of your privacy, the more because they are not recorded, and also NOT PAID for by the insurer.

We know of countless cases where this routinely happens. workcovervictimsdiary.com’s author’s themselves have and are experiencing this illegal privacy invasion. We believe that our pathetic case managers are stupid enough to believe that their back-handed calls are not relayed to us, injured workers, by our very own treaters, who, more often than not, have been greatly disturbed, if not gob-smacked by such under-handed calls.

We know of one particularly disturbing “incidence” of such a “call”, where a case manager actually belittled (really!)  the treatment plan and opinion of Victoria’s top upper limb surgeon! The surgeon in question was bewildered and shocked that a mere “clerk” who wouldn’t know the difference between a supraspinatus and an infraspinatus tendon would undermine and argue with the expert in the field. He told the injured worker that this “case manager was quite something” and that he felt “sorry” for the injured worker, now fully understanding what he had to “deal with” on a daily basis.

Its’ all about influence and pressure

Understand that the case manager wants to speak with the doctor privately specifically so she can influence what s/he puts in his reports.
Specifically, the case manager will encourage him to describe your work injury as narrowly as possible, pressure him to release you to work, pressure him to drop any restrictions or limitations to light duty, etc., all under an implied threat that if the case manager doesn’t feel he is playing ball, the insurance company s/he works for will block payment for his treatment(s) and make life very difficult.

Meanwhile, s/he will act like your best friend and swear she is helping you to get the care and treatment you need; this is particularly true for the nurse case manager or the appointed rehab service provider.

We would go as far as changing doctor (in states that permit it) if your doctor(s) continues to permit the involvement of a case manager (or nurse or rehab provider)  in monitoring and controlling your care, despite your wishes.

Most decent doctors know the dirty tricks and tactics behind case manager’s calls (and faxes) and will simply ignore them; especially if it is also your wish. Don’t get fooled and don’t get threatened.

Case managers (et al.) are only allowed to make written requests for information from your treating doctors, such as an updated medical report (which needs to be paid for) – they do not have permission to invade your doctor-patient relationship by calling your treating doctor “to discuss” matters behind your back and off the record.

Sample letter

Dear Madam/Sir:

I write to you in relation to your recent telephone conversation(s) with my [doctor(s)] over the last couple of days/weeks/months but most particularly [today’s date] at approximately [2.10pm.]

You may or may not be aware that telephoning [my treating doctor(s)  is a violation of my PRIVATE doctor-patient relationship. Therefore, I will stipulate and remind you of those privacy violations at this time [yet again].

[Insurer] [was] and now we remind and direct [insurer] that ALL communications with my [treating doctor(s)) are only to be made writing . That is should [insurer/case manager] require additional  information from my [treating doctor(s), such as an updated medical report, the request must be made in writing – and [insurer/case manager] does not have permission to invade my doctor-patient relationship by calling my treating doctor “to discuss” matters, “coerce” or pressurise my [doctor(s)] off the record.

From this date forth, I (name) direct [insurer/case manager] not to communicate with my treating doctor(s) – names) directly in any way shape or form, no telephone calls, no emails, not even messenger pigeons NONE WHATSOEVER, with the exception of standard written requests for further information, such as an updated medical report.

You have been put on notice and failing which I will have no other alternative but to apply for an Intervention Order against any personnel from [insurer] that tries to contact my treating doctor(s) in any way, shape or form other than standard written requests.

Signed

In addition to the above, you can stop your workcover case manager from harrassing and/or bullying you directly, by requesting s/he does NOT ever communicate with you directly. You can request your case manager only communicates with your treating doctor in writing (i.e a psychologist); only communicates with your lawyer; only communicates with X (your friend, souse etc); and that all communication is in writing. It does work miracles! See sample letters.

 

Also, as state on the Injured Workers Support Network (NSW), in an article titled: Five things you should tell your doctor:

5-things-u-should-tell-doctor

2. The Work Capacity Certificate is the most important document in the entire system.

It is entirely the considered medical opinion of the treating doctor, not the insurer, not the employer, not even the employee. No One else can Change a Work Capacity Certificate. Though a Injury management consultant can suggest changes the Work Capacity Certificate is wholey the professional (and legal) responsibility of the doctor who wrote it.

Therefore: It should be as accurate as it is possible to be. Using medical terminology, accurate workplace restrictions Including required testing for accurate diagnosis where the diagnosis is unknown, and a treatment/injury management  plan.

The Work Capacity Certificate is important, but it is not static. The Doctor can, after consideration extend, or restrict the capacity as they see fit in their medical opinion

3.  The Doctor controls who comes into their surgery and asks the patient first.

Rehabilitation professionals are allied health, not medical doctors and are not qualified to alter a medical certificate. Insurance clerks don’t even need their HSC, in no way are they qualified to suggest any medical treatment or change, Employers are in the same boat.

Your doctor controls how these three groups talk to them, they can choose (as many good GP’s do these days) to consult with them over the phone, or through an email exchange after the Doctor receives the questions in advance. The Doctor does not have any responsibility to have them in the room while they are in consultation with you.

The doctor can not be sanctioned by anyone in they system if they refuse to have anyone apart from you in their consultation rooms.

There is a reason why the rehab, insurer, employer want to get in the door of the consultation room. It’s a professional tactic and its not to benefit the patient.

4. Reasonable access to patient records is not an open slather.

An insurer has the right (with a patients written consent) to access that patients medical records. The legislations says that this has to be REASONABLE. Asking for everything is not reasonable. Asking for your children’s records, your fathers records, those scans from your broken ankle or the letters from your psychologist about your divorce when it has nothing to do with your injury is not reasonable. It has to be related to the injury you are claiming workers compensation for.

 

 



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29 Responses to “Workcover case manager: it’s all about influence and pressure on treating doctors”

  1. WOW the email in question was mine and I appreciate you sharing. As an update, I have been contacted by Brody Dwyer of Momentum 4 – he is an injury management consultant. He arranged less than 24 hours notice for me to attend a workplace OT assessment, however I told him due to lack of sleep and medication I am normally “off my chops” until midday, at the very least. His response? . . . “Ok, I’ll see you tomorrow at 10, and if you don’t attend, I’ll let Work Cover know” . . . the bloke is a grub, and I am ready to neck myself.

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    • @ Doug
      These idiots are another pain in the WC arse system. Email (or if you have to ring) this dickheads supervisor and let them know that you are unable to attend ANY appointments before midday. CC your case manager and CM supervisor/team leader.
      State that if this email is insufficient for them, then you will arrange a letter from your GP telling them the same.
      Its bullying and it might be worth mentioning that you are feeling bullied by this guy and will not tolerate his unprofessional behavior- these dicks are meant to be there to help you.
      I was pushed into an appointment which was so early that I was required to get ready at 4am to leave by 5.30am to get there on time. I was bullied into it by CM as s/he thought it would be funny to change my time to 1st appointment of the day- knowing that I lived rural. NEVER AGAIN.
      Keep fighting Doug- the bast*rds will try anything to make life difficult!
      All the best MadChef

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      • @ MadChef . . . thanks a million for the encouragement. I had the OT assessment which went as follows:
        07/10/2015
        Meeting with OT resulted in 5 x recommended duties: Laminating, Trimming, Data Entry, Price Checking, Xerox Operation. 2 hours per day x 2 days per week. To be submitted to GP for approval. During the assessment, one on one, the OT asked me many questions and, for instance, when I replied that I don’t do the grocery shopping due to pain, he would ask a different way to try and glean an answer from me. I felt like he was asking “leading” questions and was trying to catch me out in a lie. When I started to have an anxiety attack and protested that I felt I was being painted into a corner, he said that he was independent and had my best interests at heart. When I asked him who “employed” him for our meeting, he replied “Work Cover” to which I replied ”then you are not independent”. Overall, I feel as if I was being pushed into a return to work and whilst from a self esteem point of view this may be beneficial, as I said to the OT, I still have not even seen a specialist and have no conclusive diagnosis regards my back injury, and cannot understand the rush to return me to work. The impression I got from the OT, largely by his unwillingness to listen to me and talking over me consistently, was that he was there to achieve a positive result for work cover – no more, no less.
        Pretty annoyed but now it is up to my GP – I will be interested to see whether he actually contradicts his Work Cover certificate absolving me from any work until late October. Either way, I will know where I stand.

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        • To add to the above:
          “Furthermore, the OT consistently advised that he was there due to my GP organising the meeting, despite advice from my GP that he only agreed to the OT assessment to get Work Cover off his back.”

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          • @Doug – you vocational assessment sounds all too familiar…
            Taken from our article: vocational assessment you could be a funeral director scam
            a referred Vocational Assessor, who may never have seem the injured worker, will put into a computer “the diagnosis”, and out will pop some suggested occupations. Specific cases may be basically unsuited to the suggested occupations. Telling someone to be a funeral director when that person has zero people skills is just a fuc*ing joke. However case managers are serious and do terminate coverage with those expectations!!! In my own, fairly recent case, I was prematurely sent for a “vocational”, although why remains a mystery to me as I am highly qualified. In my last job I was working as an exec manager in a large public hospital but my employer (and the workcover insurer for that matter) decided to sack me after my last major surgery, despite the fact that I had a certificate of capacity allowing me to do the same job as I was doing prior to the last surgery (and with the requested, reasonable ergonomic aids, which were never provided to me, although requested repeatedly since 2006 – this is not a joke). Anyway, not only was I suicidal at the time of the “vocational” (it occurred within weeks of being sacked, which caused me to plunge into a major depression), but I had also been certified UNFIT for all work by my GP, psychiatrist, psychologist and at the time one IME psychiatrist. The Vocational guy literally clicked a few computer keys and there came out a list of “suitable jobs” for me, as identified on the labor market. Those “suitable jobs” were NOT discussed with me. When I received the report, however, I nearly fainted (see below) One of the “suitable jobs” identified was that I could work for the Minister and do “ministerial briefings”, “as I had considerable experience in the field”, WTF??? I am a trained intensive care nurse, who then retrained somewhat in business management for health care professionals and improvement techniques and I worked my whole life in large public hospitals, so to state that I have experience with “ministerial briefings” is just disgusting. Another “suitable job” that came up was that I could work as a “ward clerk”. Now consider that I am not only a specialist nurse who was found never ever to be able to return to nursing again due to the severity of the injury (in 2006 already), but I moved up the ranks and became an exec manager. Consider that the hospital and the workcover insurer sacked me because “I am too impaired” to hold down a fu*cking desk job, right, how on earth do you want me to work as a ward clerk? Not only would such a role be very demeaning to me (consider being a pilot and then be demoted to being a steward) but the duties of a ward clerk in a hospital consist of photocopying, milling making coffee, filling water jugs, finding and carrying and sorting heaps of heavy patient files,dragged from the basement and pushed in a supermarket trolley and non-stop answering telephone inquiries and simultaneously entering data on a computer/doing computer searches. Remember that I only have 1 non-dominant arm, so tell me, how on earth do you want me to carry out these “duties’, whilst I am deemed too “impaired” to hold down my exec management role which consists of computer work, coaching, teaching and meetings?

            Anyway, what is more important to know is that more and more Judges believe that any “suitable” employment must in fact be realistic. See:Alternative jobs for injured workers unrealistic – weekly pay restored

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            • That story is horrific. I thank god that my assessor, whilst 100% incompetent, was at least trying to source suitable duties within my area of profession. I really hope you are being looked after now, and that your depression is being treated. I am a long term mental illness sufferer, and I certainly can empathise with how you were feeling. Take care 🙂

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            • @Workcovervictim

              My partner is about to be sent for VA. We are fully aware that the VA will come up with a stupid list of their dreaming jobs in order to terminate any benefits.

              In your situation,

              1. What did happen to you after they assessed and advised that these were the jobs that you could possibly do ( even though some were really ridiculous.

              2. If the VA stated or suggested any kind of work, let say 2 days a week @ 2-3 hours a day – Dose it mean that your weekly payment will be ceased straight away due to they deemed that you have some capacity of work?

              3. What should we do next? Or this will be the time that our lawyer will step in and apply to the court for a binding decision whether or not you have capacity of work

              We are 110% sure that they (VA) will come up with something as they normally do (even that job is possible or impossible to do or to get your foot into).

              Many thanks

              Injured53

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              • Just want to say one last thing:

                This system sucks and nearly destroys / tears our family apart.

                It easily turns one completed person to be something else once he/she has been injured.

                We were in the situation that we had to count every cent and dollar when we went for food shopping where normally we would have just picked what we like to eat at the day. I was in the situation that I had to walk away or told my partner ” We do not need this now, just get it next time” or sometimes just looked at it and ended up just by walking away, pretending that I did not see.

                If we could choose, we would choose to have a normal life where you go to work everyday and knowing that you will be paid a full wage each week. Also you can plan a future or even a holiday where now we are living in a very unstable situation.

                Do not even think this is an easy road. No way in this world that we would have wanted to be part of it, if we could choose.

                Some people do not know and they have such a wrong perception about this thing, unless that person is a scammer or milking the system.

                Otherwise, please stay safe and sounds.

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              • @Injured53: In my own case, I never returned to work after the vocational assessment, even though the ‘report’ stated that I could work as a building inspector, do ministerial briefings or work as a ward clerk (and I am/was an intensive care nurse who was sacked after surgery n0. 7 from a desk job because of “impairment”!). The thing is that the jobs the VA puts forward need to be realistic and not just plucked out of the air.These jobs must be available in reality! (i.e. working 3 hours a day 2 days a week may be very hard to find). In addition my own treaters continued to certify me unfit for all work, and in the end, the defense (insurer/employer) IME himself stated in his report I was not able to undertake remunerative work for ever. At the time of the VA I did tell the assessor I was unable to return to work, upon which he threatened me (to cease workcover benefits). To my harassing case manager I said that nobody in their right mind would make me return to work. In the end I won.

                With re to weekly pay, in VIC at least, after the 130 week mark your weekly pay will be cut out unless you have no theoretical work capacity and this is likely to continue indefinitely (or for the foreseeable future). If you have returned to work and are working maximum 15 hours/week and earning $184 per week, and you can’t work beyond that, your weekly pay will continue. For a detailed overview of weekly pay in VIC click here.

                Re what to do next, it depends on the condition of your partner, and the merits of his/her case. If condition is stable and unlikely to get better r worse by 3% WPI, your lawyer can make arrangements for the permanent impairment assessment (which can also be disputed, ie to a medical panel). If you meet the required WPI you may get a lumpsum (small). You would need 10% WPI (or 5% upper limb ad spine in VIC to be eligible for some peanuts). If there was negligence involved in the case, and you are seriously injured (WPI 30% or more or narrative test), you may be eligible for a common law claim. This starts after your permanent impairment assessment has been finalised.Then there is the potential to sue for economic loss as well (past and future earnings) but you would have to show very little to no work capacity and an economic loss of at least 40%). However at the end of the day there is no justice really, rather a “compromise”. For example many seriously injured workers (with WPI above 40%), who have no work capacity since the accident and whose injuries and sequelae are not disputed by workcover, have settled their cases for around $400-$500,000. Not much considering these are relatively young people who can never work again, and that this sum comprises both pain and suffering and economic loss. In many cases an injured worker is better off staying on weekly pay (but then again, many don’t as they want to get off the system).

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          • @ Doug I wont let the forkers bully me I set the time and date via my lawyer.

            I have VA assessment next week and i have been given a list of questions from my Dr to put to them…

            As Their clients lawyer has demanded they ignore everything presented from me re my treating Dr the first question I need to ask is:
            Q1. Are you ignoring my Treating Dr’s report, medical certificate and prescription meds I am on ?

            and if the VA states yes as her client has instructed her to do this then I need to say:

            If so this constitutes a breach of your obligations under the “Guide” VA section and the supplement for VA’s under the worksafe act and you will be reported to worksafe for colluding with your client for supplying a false and misleading report.

            Q2 Are you relying on Dr Dipsticks report?

            if so then I let VA know that he had been reported to insurer, AHPRA and worksafe and if their is any reference to his report in the VA’s report a complaint will be lodged for using false and misleading information due to her colluding with her clients re the email dated blah blah.

            Also to ask

            Q3 why I am not allowed to submit any of my documents etc and point out that this is suppossed to be “independent” and you wont be participating in an unfair biased assessment..
            I am also to take into account the time I have to sit in waiting room also
            I am then to hand the VA another copy of the Medical cert medication list med report and centerlink statement re DSP and then terminate the meeting/assessment based on Bias and unlawfullness then to ring my lawyer to state I have done this

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  2. I complained to my case managers supervisor who then took my case manager off and gave me a new one – but the best thing I did was engage a lawyer because then everything workcover did was more careful in execution

    These managers are incentivised off our injuries and return to work plans etc it’s no wonder people feel bullied by those with financial gains from outcomes!

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    Say no to bullies October 6, 2015 at 11:58 am
    • I lodged a complaint yesterday, and asked for a new case manager, but was advised that my case manager exclusively looks after ALL work cover claims for my employer (who is a multi national and influential brand). This, to me, means that my case manager exists solely to manage these cases and as such relies on successful outcomes for my employer to enable her to retain her employment. So much for being “for the worker” :/

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  3. So what’s with the time limit on this site? Don’t you want to know what people truly think?
    We can’t all think as quick as you – or is it the hackers again?

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    • Could you elaborate as I do NOT understand your post!

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    • Its a glitch. If you are writing a longish post I suggest copying the text just incase it gets lost. I hit the back arrow and click on the reply button I clicked on the first time and generally that works, the post you wrote would still be there, if not then you can post the copied text and try again

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  4. Hello,

    I am currently on WorkCover and reading through some of the above information relates to me. I am in a very bad situation, where I on the 4th February 2015 I tripped over a locking mechanism of a moveable compactus and I fell into the Compactus damaging a prewired and pinned thumb. The injury pushed the pin,wiring and screws out of the bone into the muscle and tendons pressing on and nearly pushing through the skin. From that, I bounced to the right into the corner of the brick wall hitting my right shoulder and breaking 3 ribs also injuring my lung and liver (Contusion), doctor advised I further had what he called a flail chest. I then bounced off the brick wall and as I was falling forward I put my foot down further tripping over the exposed steelwork rails on the floor, and I fell to the ground with my leg folding under my hip as I hit the ground landing on my right, then left buttocks and braced my fall by using my left hand/elbow I damaged my left shoulder, wrist and Neck (whiplash). The wrist requiring surgery (30 June) and I have being diagnosed with BPPV (Vertigo).

    Over a period of time I was advised by my treating doctor of events that NEVER happened at work, but in the end the doctor choose to believe WorkCover. However, when the Doctor was treating correctly he advised me that WorkCover Case Manager was putting pressure on him to return me back to work, even when I was not even 30 % better…. further to that he talked to WorkCover to stop them from down playing my injuries. I have his doctor notes which shows him recording this….during his treatment I was referred to a physio treating my various injuries but not all as it has panned out.

    Due to the pressure being placed on the doctor he was struggling treating me and this led to not being treated correctly and I decided to move to another doctor and he checked me over and found things were not right a sent me off to a specialist and referred me for MRIs. MRI showed I had tears in my left hip and left knee and also damaged my L4/L5/S1 and I require possible surgery. Both the hip and back have been needled and a request for knee operation has been submitted and referred to a spinal surgeon for advice.

    Now that is the wash up of my injuries however my issue is on the 12 March (Thursday 2015) 5 weeks after the workplace accident I was terminated on the spot. I am fight this through Fair Work Australia (Unfair Dismissal) I was advised the day before from a work colleague I was being sack, which happened the next day. I am wondering am I allowed to be terminated while on compensation? Also to date because my wages are reduced I have lost over $19,000 in wages and Super contributions, I am frustrated and being placed into financial hardship by my work off loading my to WorkCover to pay my wages…..Further to this my employer knew I would remain on WorkCover and happy for that to happen, surely this is wrong and unlawful? Also in my termination letter they said they were changed my role to a lower level but they said I wasn’t sacked I was made redundant, however they never followed any requirements of a genuine redundancy. Who do I go to from being terminated while on WorkCover and I still am 8 months later and still requiring further surgery…. regards Owen

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    • @Owen
      As we all say- Get A Lawyer ASAP
      I too have dealt with FairWork ombudsman and when you mention work cover they would rather you deal with it thru your lawyer- after 3 months they walked away from me saying “take it to court”
      Look thru this site as there is a treasure trove of very valuable info on this sort of thing.
      Lucky you found AWCVD because now you will get some very real advice and support…we have all been in this shitty wc system and by experience have found out all sorts of things.
      Its the sharing and caring of what really happens that makes this site a life saver!
      But go and get a lawyer ASAP- seriously-NOW-go!
      All the best,
      MadChef

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    • @Owen. so sorry to hear about your serious injuries and the -all to common- “treatment” you are receiving. Just a word of caution: be very careful with an unfair dismissal claim, why I hear you say? Think about it: by alleging and disputing unfair dismissal you are essentially proving that you CAN work!!! Later on in your claim (i.e. common law, this will come back to bite you and the Judge or defense will state something along the lines of “…but Mr X, isn’t it true that you lodged and unfair dismissal claim in (year)… where you demonstrated a real capability to work…? Now you are telling us you can’t work/suffer economic loss… Can you explain?” Getting sacked by your employer can be the BIGGEST GOLDMINE you receive during your claim! As i is the employer (and therefore the insurer) who tells you that you cannot work. Ensure you seek sound legal advice first. In addition should you get compensated for the unfair dismissal, this will impact on your weekly payments as well.
      Also see: http://aworkcovervictimsdiary.com/resource-centre/termination-injured-workers/
      http://aworkcovervictimsdiary.com/resource-centre/workcover-employment-issues/
      http://aworkcovervictimsdiary.com/2012/12/harsh-unjust-or-unreasonable-and-unfair-dismissals/ (and related articles)
      http://aworkcovervictimsdiary.com/?s=unfair%20dismissal

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      • Hello MadChef, in regards to Unfair Dismissal I can not return to my former employment due to injuries from the fall, but I am seeking reinstatement into my old position. At the same time I am asking my employers to medically retire me due to ill health/injuries from the workplace accident….I am struggling with how they got rid of me and I just want a win/win for all, and leave on the true terms, not how they got rid of me and did what they did to me….WorkCover have been ok, but not brilliant but as they have given my doctor and myself some grief, but as everyone keeps telling me…. they are an insurance, so they want to get rid of you as soon as they can….sad, but true….

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    • @owen, terminating you whilst on WorkCover is an offense under the Act if it was based on discriminatory action in relation to your injury see s.575 of the WIRC Act. Whilst they may make claims that it wasn’t related to your injury, given your descriptions of things it sounds very suspicious. You only have 12 mths from the date of the discriminatory action to have the matter heard. This is separate to the other unfair dismissal avenue. These matters are serious and complex and you should seek legal advice asap!

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      • Division 7 — Discriminatory conduct
        s.575
        Offence to engage in discriminatory conduct
        (1)
        An employer or prospective employer must not
        engage in
        discriminatory conduct
        for a prohibited
        reason.
        Penalty:
        In the case of a natural person
        ,
        240 penalty units;
        In the case of a body corporate,
        1200 penalty units
        .
        (2)
        For the purposes of this section, an employer
        engages in discriminatory conduct
        if the employer

        (a)
        dismisses, or threatens to dismiss, a worker
        from employment; or
        (b)
        alters, or threatens to alter, the position of a
        worker to the worker’s detriment; or
        s. 575

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    • @Owen . . . 100% engage a lawyer. I have found one here in Brissie who, although I know they will make money out of me, are guiding me through this maze and reassuring me. It costs me nothing upfront, and as I said, although they will make money out of it, the more they analyse my treatment by ALL parties, the larger their claim could potentially be. It has certainly silenced my case manager. Sending you luck and best wishes 🙂

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  5. Thanks Doug,
    What type of lawyer are they? Are they separate to an injury lawyer? Can you please email me any details, Thanks. olockett@bigpond.net.au

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  6. Thanks Doug….

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    • @Owen, the section of the Act I posted was the Vic legislation, not sure where u are from. Also u should be aware that your BPPV might not be the correct diagnosis. Head injuries can cause more vestibular issues than people realise and head trauma could have caused Vestibular migraine or other more serious issues. where are u from? I can give u an email thru which u can contact me if u need advice on that.

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