The following post was submitted by “Mad Chef” and provides very useful information on how to quickly obtain copies of your medical reports held by your workcover insurer.
More and more workers, including injured workers and allegedly bullied or discriminated workers, are secretly recording conversations in the workplace and, for example, during their independent medical examinations. But isn’t making a secret recording against the law?
Further to yesterday’s article “Ill worker seeks damages against sacked former NSW finance minister for breach of privacy” it has come to our attention that The Civil and Administrative Tribunal’s most interesting decision is formally on the record: AQO v Gregory Pearce MLC  NSWCATAD 210.
An ill worker whose private medical history was used without his permission in a NSW government press release that declared the state’s workers’ compensation scheme was out of control, has won the right to pursue sacked former finance minister Greg Pearce for damages!
The following Fair Work Commission legal decision has ruled that employers are allowed to seek further clarification where medical clearances provided by (injured) workers are general in nature, or where there are genuine concerns that there is a risk to health and safety if the (injured) worker returns to work. In other words, employers can send you to attend a medical assessment, even with a company doctor!
In the following, recent, disturbing Workcover NSW legal matter—kindly shared by “Nemesia”—the NSW Civil and Administrative Tribunal (NCAT) upheld an injured worker’s claims about the “extraordinary conduct of WorkCover’s privacy officer”, and made factual findings that amounted to contraventions of privacy principles without specifically stating them.
With the increasing prevalence of smart phones and other electronic devices, more and more conversations in the workplace and, for example, medical examinations are being recorded, often secretly and/or unauthorised. However, recent decisions of the Fair Work Commission suggests that using secret recording devices in the workplace may be a pointless exercise.
aworkcovervictimsdiary received a shocking email from an injured worker last night, whose employer (a large public hospital) insisted that the injured worker’s “return to work coordinator” be allowed to attend the injured worker’s medical appointment with his specialist orthopedic surgeon, in order “to clarify” the injured worker’s “current fitness for work” status with the surgeon!
Earlier today, Monty posted a comment asking if his employer can obtain his full doctors reports from IME or from all the independent doctors he has visited in past months.They apparently told him that they got all the reports. Monty was thinking about privacy laws and acts… and so are we! So we went on a trolling spree and found some answers.
It is a well known fact that workcover insurers (and their lawyers) are crawling all over injured workers’ Facebook pages (and other social media sites), and routinely download those pages in “evidence” in case they are later “altered”. Many [genuinely] injured workers still do not understand how stuff posted on Facebook could possibly prejudice their case(s).