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WorkCover Guidelines for Claiming Compensation Benefits
As part of the recent amendments to workers compensation in New South Wales by the Workers Compensation Legislation Amendment Act 2012, the NSW Government and WorkCover have recently released the WorkCover Guidelines for Claiming Compensation Benefits (the Guidelines). The Guidelines set out the procedures for: notification of injuries and making provisional liability payments; handling claims for weekly payments and medical expenses; exemptions from prior approval for medical and hospital treatments; disputing all or part of a compensation claim; reducing or terminating weekly payments; dealing with lump sum compensation claims; and dealing with work injury claims. The Guidelines specifically deal with the following new provisions of the workers compensation legislation: permanent impairment lump sum compensation and damages for nervous shock; weekly payment provisions for seriously injured workers and claims made...
13 December 2012Disabled for Work - but not as Contestant for Television Show
The following matter provides a salient reminder to employers for the need to carefully consider and review all the evidence and circumstances available, before making a decision to terminate an employee who is unable to attend work due an illness or incapacity. Background Mr Marshall was engaged by the Bureau of Meteorology (the Bureau) as a weather observer. In early April 2011, Mr Marshall was certified unfit for work due to suffering from an adjustment disorder, traumatic stress symptoms and anxiety, and commenced personal leave whilst in Ballarat, Victoria. In early July 2011, the Bureau directed Mr Marshall to resume administrative work in Brisbane as there was no field work available in Victoria. Mr Marshall's general practitioner certified him fit for modified duties undertaking field work but located closer to his home in Victoria or in a neighbouring state within Australia. Mr Marshall's general practitioner was of the view that h...
26 November 2012OHS Harmonisation Update
With the end of 2012 fast approaching, it is timely to briefly review the current progression of OHS harmonisation to date. The Australian Capital Territory, the Commonwealth, New South Wales, Northern Territory and Queensland have all implemented harmonised OHS legislation which became operational on 1 January 2012 in these jurisdictions. Tasmania and most recently South Australia have enacted harmonised OHS legislation which will become operational on 1 January 2013. Western Australia intends to adopt harmonised OHS legislation and is currently entering a consultation phase however the final legislation is unlikely to be operational for at least a further 6 to 12 months. Victoria remains reluctant to adopt the harmonised legislation at this point and the current Occupational Health and Safety Act 2004 continues to apply. For those jurisdictions which have adopted the harmonised legislation, careful regard should be had to the transitional provi...
15 November 2012