Changes to workers compensation legislation designed to prevent unnecessary disputes and streamline dispute resolution processes were implemented on 1 November 2006.
The changes provide greater clarity for injured workers in understanding decisions made about their benefits if a workers compensation insurer declines, reduces or stops benefit payments on a claim. The injured worker will receive a copy of all information considered by the insurer in making a decision to dispute a claim or any part of a claim. This means that all relevant information is exchanged and considered before an application for dispute resolution can be lodged with the Workers Compensation Commission.
An injured worker can ask for a review of the insurer’s decision and can seek advice from WorkCover’s Claims Assistance Service, which provides access to information and assistance for injured workers and employers regarding claims and disputes.
If the dispute is about the level of permanent impairment, an approved medical specialist appointed by the Workers Compensation Commission, will review all medical evidence, assess the worker, and make a final determination on the level of permanent impairment for a lump sum compensation payment.
A fee schedule for legal practitioners that appropriately remunerates the profession for resolving disputes about worker’s claims in a timely manner was also introduced.
Further information can be found in the guidelines or by calling WorkCover's Claims Assistance Service on 13 10 50.