VIC-Ombudsman-workcover doctor-patient-relationship

Doctor-Patient relationship between IME and injured worker

Generally speaking, and as for example outlined in the Independent Medical Examiner – IME – Sevices Standards, (in Victoria) a doctor hired to examine a patient/injured worker on behalf of a workcover insurance company ((or employer), does not establish a (standard) doctor-patient relationship. However, we believe that there are times when at the very least, a  limited duty to the injured worker (patient) may well exist in some circumstances! And that the IME in question could potentially be sued for liability (i.e. malpractice)!

Continue Reading…

woorkcover-nsw-art

WorkCover NSW – entitlement to make further permanent impairment claim

In August 2015 the NSW Court of Appeal decided that NSW injured workers could not make more than one lump-sum insurance claim. In other words that injured workers could not top up their lump-sum compensation payment if their condition deteriorated. However, yesterday (Monday 26 Oct 15), the state government will make a new regulation to override that court decision in that case, known as Cram Fluid Power v Green.

Continue Reading…

suitable-duties-workcover

Injured workers duties unsuitable: case

In the following 2015 NSW legal case, a workcover insurer (and its client, the employer) tried very hard ( but failed) to appeal a decision which required to compensate an injured worker who resigned from his job. The NSW Court of Appeal found that the injured worker’s duties as prescribed by the worker’s injury management plan were not suitable.

Continue Reading…

Judge-workcover

NSW WCC no power to order the workcover insurer to make payments – WTF?

We have lately been reading heaps of legal cases and recently came across a pretty disturbing one: The NSW Workers Compensation Commission (NSW WCC) ruled in a Jan 2015 case that it does NOT have the power to order a workcover insurer to(re) pay weekly payments to a seriously injured worker for a 2-year period even though the injured worker had a “no work capacity” status. WTF!?

Continue Reading…

psychiatric-injury-the-best-personal-injury-claim

Psychological injury and proving work-relatedness: cases

Having liability accepted for a psychological work-related injury can be very difficult, even more so because the connection or relationship to work can be (and is often) less obvious than in workcover claims involving only physical injuries. However in the following recent legal cases, the courts accepted that there was a psychological work-related injury present.

Continue Reading…

injured-workers-sacked FOI-worksafe-vic controversial-workcover

The answer to changing workcover insurance companies: debate

We recently received a rather highly controversial email from an injured worker. The aggrieved injured worker believes that ‘killing’ ‘defective’ workcover employees (such as case managers) is the answer to fixing our horribly broken workcover system. We believe that the fundamental problem is that of bad faith…

Continue Reading…

workcover-xchanging-case-manager

Xchanging case manager: at best terrible, at worst bunch of bullies

Yesterday we received the shameful story of “Severely Injured” who, rightly, describes his Xchanging case manager as a crazy ex-girlfriend who went from my ‘new best friend’ to nothing short of a stalker. She
would ring the injured worker up to 8 times a day, and berate him, scream abuse, make outrageous claims – “I am stopping your payments, its up to me, and you are getting nothing, which is what you deserve”…Sound familiar? You bet! And here is what you can do about it!

Continue Reading…