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Workers Compensation Commission Case Management Forum

Workers Compensation Commission Case Management Forum. Types of Disputes. 1. General 2. Expedited Assessment 3. Medical Dispute 4. Costs Assessment 5. Common Law Mediation Arbitral and Medical Appeals. Types of Disputes.

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Workers Compensation Commission Case Management Forum

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  1. Workers Compensation CommissionCase Management Forum

  2. Types of Disputes 1. General2. Expedited Assessment3. Medical Dispute4. Costs Assessment5. Common Law MediationArbitral and Medical Appeals

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

  4. Overall Workload

  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 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.

  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: 8281 6350 • Email: sian.leathem@wcc.nsw.gov.au • Website: www.wcc.nsw.gov.au

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