Workers Compensation Commission Case Management Forum

1. General 2. Expedited Assessment 3. Medical Dispute 4. Costs Assessment 5. Common Law Mediation Arbitral and Medical Appeals Types of Disputes

General: (1) weekly compensation benefits (2) medical, hospital & related treatment (3) permanent impairment (4) pain & suffering (5) death (6) property damage Types of Disputes

Overall Workload Application Type Application to Resolve a Dispute (Form 2)8,8988,7078,921 Interim Payment Directions (Form 1) and Revocation of an IPD (Form 1A) Workplace Injury Management dispute Registration for Assessment of Costs Commutations (Form 5A) and Redemptions (Form 5B) Mediations (Form 11) Arbitral Appeals (Form 9) Medical Appeals (Form 10) TOTAL11,43211,43611,592

5 Recent developments in the Commission Change in arbitral services Major client survey Legislative amendments

6 Recent Amendments - Workers Compensation Commission Rules 2011 – operational 1 July Workers Compensation Legislation Amendment Act amends both the 1987 and the 1998 Acts – operational 1 Feb Workers Compensation Regulation 2010 – operational 1 Feb 2011.

7 Some recent developments  Change in arbitral arrangements from July 2010  Review of Professional Development Framework for Arbitrators and Approved Medical Specialists  Regional Venues Review  Update of Forms, Guides and Practice Directions  Client survey

8 Future initiatives Evaluation of restructure Upgrade of electronic lodgment facility Redesign of website

9 Professional Development Frameworks AIM – to improve the quality of decision-making Key Components  Competency Framework  Performance indicators / measures linked to framework  Self Development Plans  Peer Review  Performance Appraisal

10 Uses of the competency framework The foundation for:  self assessment  peer review  appraisal  design and development of professional developments opportunities including conferences

11 Some observations for Respondents  Some insurers are briefing too late (leads to problems at t/c with respondent lawyers being unavailable or not properly prepared)  Focus on early exchange – don’t wait until you’re in the Commission before seeking GP / hospital notes  Some confusion around lead agent provisions  Scatter gun approach – don’t say it’s in dispute if it isn’t!

12 Some observations for Respondents  Parties can agree on an Approved Medical Specialist  Check the AMS referral document – don’t wait until after a Medical Assessment Certificate has been issued to make objections  Reconsideration power  Uplift in costs for complexity

13 General Points to remember At no stage should any of the parties contact the AMS directly The insurer does not arrange the examination or instruct the AMS The WCC makes all arrangements with the AMS instructs the AMS and informs the parties of the outcome

14 Contact Details Telephone: Website: