workcovervictimsdiary

Keep calm, because I am back

HELLO EVERYONE!

IM FINALLY BACK AFTER MONTHS AND MONTHS, OR WAS IT YEARS AND YEARS!?

I HAD A COUPLE OF LIFE CHANGES THAT TOOK UP MY TIME AND STRENGHT… AND WHICH CHALLENGED MY WILL TO LIVE, REALLY!

ONE BEING A DOWNHILL CHANGE IN MY INJURY, STARTING WITH A VILE INFECTION (SEPSIS) IN MY PROSTHETIC SHOULDER WHICH TOOK A VERY LONG TIME TO CONTROL WITH MANY HOSPITAL STAYS AND ANTIBIOTIC TREATMENTS, FOLLOWED BY ONGOING – DEBILITATING- DISLOCATIONS OF THAT PROSTHETIC IMPLANT – OUCH! LITTLE VERY UNHAPPY..

AND ANOTHER WAS A TERRIBLE PERSONAL EXPERIENCE, WORSE THAN ANYTHING IMAGINABLE, WHICH I AM UNABLE TO SHARE AT THIS STAGE IN MY RECOVERY.

I AM RECOVERING BUT A DAY AT A TIME, AND WITH MANY SETBACKS STILL.

I dont know if I should feel sorry for not being around or feel proud that the blog is going great.

Greetings and thank you so much to everybody who has been here all this time

 

I HOPE I CAN MAKE THINGS RIGHT AGAIN WITH MY BELOVED BLOG FAMILY!

 

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)!

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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.

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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.

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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!?

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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.

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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…

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