Archived questions

Archived questions and queries posted and answered re workcover

 

If you need help or advice with your workcover claim, post your question here  and we and our readers will do our very best to help you or point you into the right direction.

This page contains older questions and is now archived (closed)

58 Responses to Archived questions

  1. Kathy S August 27, 2012 at 1:41 PM #

    HI, I hope you can give me some help. I have a complicated situation and the solicitor I was working with has confused me and I wanted to ask you a question. Since the reform Allianz is stripping me of my physio, remedial massage, requested exercise equipment has been deemed unreasonable and necessary, now my spinal fusion to L3-5 has been sent to independent Ortho Dr Anthony Smith and Neurosurgeon Dr Anthony Bookall. Peter Middleton turned down my physio and rememdial massage. He did’t even look at my xrays. My solicitor is gathering as much info as possible to make the appeals. I want to ask. Do they target people? My accident was in ’95 and I was given ongoing medical and a small portion of my wage. I used to be with GIO and was traded off to Allianz around may 2011. All was quiet until about Dec. and then Allianz contiuously gave me trouble with every approval and then the declinatures I described above. What can I do? I have been waiting for two months for the surgery- my neuro said that I have discs pressing on my spinal cord and threatened I will be a parapalegic if I am not very careful. My condition is deterioting. My solicitor seems to be doing the right thing but is there anything I can do -I am so frightened I will be in a wheelchair soon. I can barely walk for 10 min without spasms and pain. Please comment.

    • WorkcoverVictim August 28, 2012 at 9:23 AM #

      Hello Kathy, so sorry to hear about your ordeal with Allianz, stripping you of basic, needed medical care. We don’t so much believe it is because of the “reforms” – as it is a dirty tactic used by all agents – DENY, DELAY or what we refer to as SSS (Starve, Stall, the “settle” for a fraction of your entitlements). This is happening to virtually all injured workers we know, in any state. It also happened to me (VIC), where I was denied and taken away basic medical care such as physio, transport, home help and even psych counselling (whilst suicidal). I also suffer from a very severe permanent injury (lost function of right arm) and everything is deemed “unreasonable” by my pathetic case manager. For example: “physio is inappropriate” notwithstanding that I need an urgent reverse shoulder prosthetic and am dislocating my shoulder and shoulder blade for days on end (unable to relocate myself) etc. Home help was also “inappropriate” for me whilst I had not only lost my R arm but had also suffered from massive heart failure during the last surgery, which left me bedridden for months, unable to stand up or breathe properly.
      It is just common “procedure” Kathy. The more severely you are injured, the more your case manager will seek ways to cease your entitlements (COST!).
      Do not DESPAIR. You are allowed to appeal any rejection by the insurer anytime. In Vic for example you go to Conciliation. There is something similar in place in NSW. At Conciliation the conciliator looks at all the evidence (you can submit as many additional medical reports as you like from your own treaters which are paid for by the insurer to back up your case). Often the conciliator is able to make a decision at the meeting. If not, they will send you to a medical panel, where you will be assessed by a couple (3-4) doctors and they will review all the evidence and make a decisions. Most injured workers WIN at conciliation (or at Medical Panel).
      I recently had to attend a full panel for “home help” that was denied to me, and I won.
      It appears your solicitor is doing all the right things – gathering evidence, appealing decisions at conciliation, medical panel (or even court). The main problem is that these things (bureaucracy) takes for ever. It is not uncommon to have to wait 2 months for a conciliation hearing and 3 months for a panel – and that is where you are “stuck”.
      All IME reports/assessments and outcomes can thus also be appealed (conciliation — panel — court).
      You may want to call your solicitor and press upon the urgency of your surgery request. You may want to get a report from your surgeon explaining the urgency for surgery – this may speed up the process.
      The system is INSANE. We have published many articles and stories from injured workers in a similar situation. One that stands out is “case manager downgrades serious injury”.
      At one stage I was also in dire need of urgent surgery for a suspected bone infection (which is very serious). Despite overwhelming evidence and even a medical panel opinion stating I need the surgery, my case manager deliberately delayed the surgery by 4 whole months. If I had had the bone infection I would have possibly died from the infection! They don’t care and will even put your life at risk. The only way I managed to eventually speed up the approval was with continued letters from my surgeon and GP stressing the urgency of the surgery. Lawyers letters also helped….
      So, no they don’t target “individuals” – they do this to everybody.
      I am sorry, so sorry and wish I had a magic wand – I fully understand how you are feeling. Hang in there, you will get there. Also, remember that your health comes first and if you really believe you can not go on a day longer, simply present to an emergency department (private hospital – paid for by insurer!). Please let us know how you are going.
      X

  2. workcovervictim January 25, 2013 at 4:41 PM #

    Received Via email -perhaps anyone from QLD can help this injured worker!

    aworkcovrvictimsdiary advised that any injured worker can dispute (appeal) an IME “opinion” and that we believe this injured worker should do so. We also advised that decent legal advice/assistance would be needed (no win no fee) in order to appeal this decision and get “things right”. Has any QLD injured worker some advice re the appeal process for IME assessments and how best this injured person should move forwards?

    “In [month] 2011, whilst working as a Registered nurse at a Nursing home in [place] QLD, I caught my left foot behind the rear wheel of a Fall Out chair, whilst attending to a Resident.
    Initially WCQ accepted the claim, (but in [month] 2011 an IME said that my torn left medial tendon was a pre-existing complaint). (I have Nursed for 10 years, in VIC, S.A. & QLD, with no pain in left hip.
    I cannot walk, sleep, twist, carry, lift, bend, swim, run, oush, oull You get the picture!!!without pain.
    Early in [month]2013, WCQ sent me to another IME, who, after reading previous IME notes, said the same thing.
    My Nurses Union Lawyer is helping to an extent, but he is in Brisbane, I am in [place] , north QLD…………
    Any suggestions/advise where I go now PLEASE
    I am [60-something] and have a job to go back to as an R.N.”

     

    • frustrated January 27, 2013 at 11:58 PM #

      Sorry to hear WCQ are screwing you too.

      I don’t have experience with IME’s however do you know if your lawyer has contacted either WCQ or the IMEs to try and establish the basis for their claim that it is a pre-existing condition? This would be the starting point. Whether WCQ or the IMEs actually provide an answer is another point all together. Hope this has helped a little.

    • Monty March 16, 2013 at 3:08 AM #

      Q-Comp are the arbitrators between injured workers and WorkCover Qld. Generally they are very helpful and pleasant. If you are submitting a letter to go against an IME report, make sure your expert is better than theirs. Sounds childish, but I got caught out with this. They sent me to an occupational physician and I very naively countered with a GP report. You need a specialist on side. The IME will be so nice to you, but will invariably make errors in the report.

      Have a look at Q-Comp’s site for more info. I hope this is what you are looking for.

  3. R March 6, 2013 at 9:43 PM #

    Does anyone know which Minister it is, who sets the Gazetted rates for the scheduled fees for medical and dental  services set by workcover?

    Thanks

  4. workcovervictim April 11, 2013 at 3:29 PM #

    received via the share-your-story page – from WA (we believe), however we believe it may fit better under the “help!” page.

    “I am totally lost with this work injury stuff. just over 12 months ago I injured my back at work. I was doing a RTW programme until a few weeks ago when I received a call notifying me of my termination of employment due to injury. I am supposed to be re deployed with the help of the rehab provider who was going to help with a resume and alike. I was contacted and told that I didn’t give him enough to go on for a resume and that I will receive a call from their physiologist [psychologist?] who will now assist me with this . Its been weeks and I haven’t heard a word. I am feeling totally out of the loop feel that time is being wasted by the rehab provider. I still haven’t received my termination pay all I got was that it would be paid in due course. I have started applying for positions on my own which is difficult due to work restrictions. I am not sure why I have to see a physiologist [psychologist?] to get a resume done. Totally lost.”

  5. Toby April 18, 2013 at 11:41 PM #

    Contact Michael Parry at Freshstart injury management and Kate Demspter at Clp legal.