THE NSW STATE LEGAL CONFERENCE SESSION 16: DEVELOPMENTS IN WORKERS COMPENSATION “Update from the Commission” 27 March 2014

PRESENTATION OUTLINE 1. Practice and Procedure Lodgments Listings and Timeliness Directions for Production Late Documents Correspondence 2. Decisions of Interest Weekly Payments Permanent Impairment Medical Expenses Journey Claims Costs

PRACTICE AND PROCEDURE Lodgments

PRACTICE AND PROCEDURE Listings ,036 teleconferences 3,386 con/arbs 4,590 medical assessments

PRACTICE AND PROCEDURE Matters On Hand

PRACTICE AND PROCEDURE Directions for Production Registrar’s Interim Guideline Expires 30 April 2014 Rule 13.4, 2011 Rules

PRACTICE AND PROCEDURE Late Documents 2012 Form 2 Applications 60% subject to late documents applications 2013 Form 2 Applications 62% subject to late documents applications 20,833 applications – more late documents 2014 Form 2 Applications 3,692 applications – first 10 weeks 2,615 (71%) – post 02/04/13 lodgments

PRACTICE AND PROCEDURE Communications Professional courtesy Solicitors’ Rules Ken Tungrul v Tarrants Financial Consultants P/L [2013] NSWSC 171 (Kunc J) Written communications confined to p & p Allegations, matters of substance etc should not be communicated direct cc other party

DECISIONS OF INTEREST Weekly Payments Commission’s Jurisdiction Limited by work capacity decisions and section 38 (third entitlement period) Existing recipients of weekly payments Meaning of “immediately before” Payments inadvertently not paid Suspended payments

DECISIONS OF INTEREST Permanent Impairment A claim for compensation (cl 15) Means any claim for compensation made before 19/06/12 One claim per injury (s 66(1A)) Does not apply to further claims if first claim was made before 19/06/12 Hearing loss Each claim must reach the threshold New provisions do not apply to pre 2002 injuries

DECISIONS OF INTEREST Permanent Impairment Calculating further impairment Deduct first combined WPI from new combined WPI

DECISIONS OF INTEREST Medical Expenses 12 month limit Applies from 01/01/13 Requirement for pre-approval Commission and Registrar exempt from provision Future medical treatment or service Two-step process mandatory

DECISIONS OF INTEREST Journey Claims Real and substantial connection Doesn’t need to be the sole cause Commonsense test Greater or increased peril

DECISIONS OF INTEREST Costs Proceedings commenced on or before 02/04/13 Clause 8, Schedule 8, 2010 Regulation, as amended Claim for compensation made before 01/10/12 “A claim” not “the claim” Goudappel followed