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Recent developments in the Commission

WORKERS COMPENSATION COMMISSION State Legal Conference 27 March 2008 Sian Leathem, Registrar Workers Compensation Commission Telephone: 8281 6350. Recent developments in the Commission. New Registrar appointed August 2007 New President, Judge Greg Keating, appointed November 2007

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Recent developments in the Commission

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  1. WORKERS COMPENSATION COMMISSIONState Legal Conference27 March 2008Sian Leathem, Registrar Workers Compensation CommissionTelephone: 8281 6350

  2. Recent developments in the Commission • New Registrar appointed August 2007 • New President, Judge Greg Keating, appointed November 2007 • New case management system, Comcase, implemented in mid-2007 • Revised listing times for tele-conferences and conciliations/arbitrations commenced in August 2007

  3. Workers Compensation Bill • Expected to be introduced to Parliament in March/April with a possible start date of July or October 2008 • Proposal to combine section 66 (permanent impairment)compensation with 67 (pain and suffering) compensation not likely proceed at this stage

  4. Workers Compensation Bill • Widdup amendment: will permit the Commission to determine whether medical treatment and services to be provided in the future is reasonably necessary and therefore should be paid by the employer • Transfer from the Commission to WorkCover the role of reviewing a commutation agreement to ensure amount is not excessive or inadequate

  5. Workers Compensation Bill Death Claims • Increase in lump sum death benefit to $425,000 for deaths occurring on or after a specified date • Lump sum death benefit can be paid to a worker’s estate if they leave no financial dependents • Removal of discretion to reduce the amount of lump sum death benefit payable to dependents on the basis of partial financial dependency (can still apportion among multiple dependents)

  6. Some observations for applicant practitioners • Applications: supporting documents – emphasis should be on evidence, not process • Prepare a proper statement by the worker • Power to appoint a tutor under Part 6 of the Workers Compensation Commission Rules 2006

  7. Some observations for respondent practitioners • 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 unit you’re in the Commission before seeking GP / hospital notes • Lack of clarity around lead agent provisions • Scatter gun approach – don’t say it’s in dispute if it isn’t!

  8. Some observations for all practitioners • 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

  9. Development of e-Screens • New case management system, Comcase, implemented in mid-2007 • Provides integrated case management system for staff • Web-based access for external service providers: Arbitrators and Approved Medical Specialists • Next phase will provide web-based lodgment facility for the public

  10. Developments of e-Screens • Proto-type screens delivered in late 2007 • User acceptance testing between Dec 2007 – February 2008 • External pilot being conducted in March 2008 • Enhancements / refinements April - May 2008 • Final user acceptance testing in June 2008 • Planned launch in July 2008

  11. Advantages of e-Screens What e-Screens will offer: • 24/7 access; • built-in help/instructions; • easy to use; • faster turn around times for lodgment; • built-in business rules to assist with compliance; • eliminates need for paper copying; • can be verified by staff and imported directly into Comcase.

  12. Limitations of e-Screens What’s the catch? • Lodgment needs to be wholly electronic (scanning documents) • Operating platform will need to meet specified standard; • Broadband v dial-up; • File size limited to 10MB.

  13. Application Details

  14. Drop down list of Parties

  15. Add another Respondent

  16. Reasons for Application

  17. Compliance Documentation

  18. System prompts and internal checks

  19. Worker Details

  20. Worker’s Representative Details

  21. Employer Details

  22. Employer’s Representative Details

  23. Insurer/Scheme Agent details

  24. Insurer/Scheme Agent’s Representative details

  25. Injury details

  26. Weekly Benefits with Wage Schedule

  27. Award/Agreement details

  28. Permanent Impairment/Pain and Suffering details

  29. Permanent Impairment details

  30. Pain and Suffering details

  31. Selection of AMS

  32. Supporting Documents

  33. Add a Supporting Document

  34. Up Loading and Saving documents

  35. Saving Supporting Documents and Information

  36. Section 162/Uninsured Employer

  37. Uninsured Details

  38. Section 162 Details

  39. Certification

  40. Confirmation - printing

  41. Contact Details • Telephone: 8281 6350 • Email: sian.leathem@wcc.nsw.gov.au • Website: www.wcc.nsw.gov.au

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