Workers Compensation Commission

Case Management Forum

1. General2. Expedited Assessment3. Medical Dispute4. Costs Assessment5. 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 Type200820092010Application to Resolve a Dispute (Form 2)8,8988,7078,921Interim Payment Directions (Form 1) and Revocation of an IPD (Form 1A)558586516Workplace Injury Management dispute154124139Registration for Assessment of Costs245256240Commutations (Form 5A) and Redemptions (Form 5B)163267227Mediations (Form 11)598705848Arbitral Appeals (Form 9)161185135Medical Appeals (Form 10)655606566TOTAL11,43211,43611,592

*Recent developments in the Commission

Change in arbitral services

Major client survey

Legislative amendments

*Recent Amendments

- Workers Compensation Commission Rules 2011 operational 1 July 2011.

- Workers Compensation Legislation Amendment Act 2010 - amends both the 1987 and the 1998 Acts operational 1 Feb 2011.

- Workers Compensation Regulation 2010 operational 1 Feb 2011.

*Some recent developments

Change in arbitral arrangements from July 2010Review of Professional Development Framework for Arbitrators and Approved Medical SpecialistsRegional Venues ReviewUpdate of Forms, Guides and Practice DirectionsClient survey

*Future initiativesEvaluation of restructureUpgrade of electronic lodgment facilityRedesign of website

*Professional Development FrameworksAIM to improve the quality of decision-makingKey Components Competency Framework Performance indicators / measures linked to frameworkSelf Development PlansPeer Review Performance Appraisal

*Uses of the competency frameworkThe foundation for:self assessmentpeer reviewappraisaldesign and development of professional developments opportunities including conferences

*Some observations for RespondentsSome insurers are briefing too late (leads to problems at t/c with respondent lawyers being unavailable or not properly prepared)

Focus on early exchange dont wait until youre in the Commission before seeking GP / hospital notes

Some confusion around lead agent provisions

Scatter gun approach dont say its in dispute if it isnt!

*Some observations for RespondentsParties can agree on an Approved Medical Specialist

Check the AMS referral document dont wait until after a Medical Assessment Certificate has been issued to make objections

Reconsideration power

Uplift in costs for complexity

*General Points to rememberAt 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

*Contact DetailsTelephone: 8281 6350

Email: sian.leathem@wcc.nsw.gov.au

Website: www.wcc.nsw.gov.au

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