workcover insurance companies: incentive programmes and bad faith

Did you know that many workcover insurance companies have  programmes in place that give case managers a direct monetary interest in the claims they handle? Some workcover insurance companies pay cash bonuses in return for achieving  goals set by the company. Also, case managers  who don’t help achieve these goals, don’t climb up in the […]

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All rogue IME doctors ought to be purged from the workcover system believes that our government can and should do a far better job within workcover system to at least ensure that all workcover victims are treated fairly so that they have the best possible chance of reaching optimal recovery after a work injury. One way to ensure a fairer system would be to purge all […]

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WorkCover SA overhaul a priority for new Parliament

The South Australian Government says its flagged overhaul of WorkCover will be the first legislative priority when Parliament resumes next month, reports the ABC. Needless to say the SA Workers Compensation legislation will also dramatically reduce, or in some cases, destroy injured workers’ entitlements to benefits. WorkCover SA overhaul a priority for new SA Parliament […]

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Disillusion yourself of any idea that the independent medical examiner is independent

When you make a claim for workcover benefits, the insurer will  demand that you undergo what it called an “Independent Medical Examination” (IME), but which we prefer to call an “Insurance Medical Examination”,or better yet, DME‘s or “Defense Medical Exams”,  because the doctor (IME) is far from independent.These “independent” examinations are nothing more than“adverse” or […]

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Work injury and reasonable management action: NSW legal case

The following legal case (NSW) related to alleged workplace bullying and abuse, again, highlights the “reasonable administrative action” defence so extremely heavily relied upon by workcover insurers and employers to reject “stress” claims. In determining whether management action is ‘reasonable’ pursuant to s 11A of the 1987 Act (in NSW), the Commission (or Court) will […]

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Workcover does not work and does not compensate

Workers’ compensation (aka workcover) was created for two primary purposes—to provide at least partial compensation for lost income and to pay for medical treatment and rehabilitation services for workers injured or made ill on the job. This approach seems to offer a good deal—if it only worked. Unfortunately, the workers’ compensation system is extremely dysfunctional […]

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Surveillance evidence is generally of limited value, but causes substantial harm to the injured worker

It is our belief that much harm is caused by surveillance and the threat of surveillance, and that its anti-therapeutic effects totally outweighs any limited “probative value” / sufficiently useful evidence to prove malingering, exaggerating etc it may have. Ideally, we strongly believe that surveillance should not be admissible at all, or – at the […]

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WorkCover NSW again fails the test, prioritising profits over injured workers

“If you wanted a case study in a bureaucracy that ensures vulnerable people who need assistance can’t get it you would establish the NSW Workers Compensation Scheme: you would exclude legal representation, you would empower insurers and you would limit benefits.  That’s exactly what we’ve got in NSW”, said MP david Shoebridge during the first […]

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Workers compensation needs real reform, not just fiddling

Tony Abbott’s “biggest bonfire of regulation in our country’s history” will allow some organisations to opt out of state compensation schemes and instead operate under the Commonwealth’s scheme, Comcare. According to The Conversation, This change is likely to be counterproductive in an already messy system and has the potential to further undermine the viability and […]

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Two senior workcover NSW managers to ‘retire’

On Friday 21 March, a Parliamentary hearing began into recent workers compensation reforms heard victims, lawyers, politicians and doctors saying the new scheme unfairly favours insurance companies, who are using new guidelines to cut costs. Some Workcover NSW managers/reps were put through their paces indeed and we do wonder whether the resignation of 2 senior […]

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SA timber company fine reduced for good behaviour after worker loses 3 fingers

The Industrial Court has recently fined Adelaide Softwoods Timber Yards Pty Ltd (timber company) $51,000 plus legal fees after a worker suffered the amputation of three fingers in a woodworking machine. Whilst it is encouraging to see fines applied for breaches of OH&S and that the negligent company faced a maximum penalty of $300,000, the […]

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Workcover will snoop into your social media sites

That seemingly harmless tweet, Twitter or Facebook status update or location check-in may be divulging more than you realise. As injured workers put more information about their medical, professional and personal lives on social media networks, workcover insurers (and employers) will find it easier and less expensive to obtain surveillance on injured workers in workcover […]

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Why do workcover claim settlements drag on

Any workcover issue can lead to disputes and/or litigation, and many do.  If you have a particularly aggressive workcover insurer that loves nothing else but deny cases, benefits and settlements,  it will often lead to legal hearings over adversarial decisions the workcover case manager made on the claim. Some workcover claims/cases which are in litigation […]

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WorkCover NSW changes disadvantage amputees, inquiry hears

A parliamentary inquiry has heard that under the O’Farrell government’s changes to WorkCover NSW, an amputated foot is not considered a “serious injury” Helooo! If an amputated foot is not considered “serious”, then what the ef is? We believe Barry O’Farrell, Gary Jeffrey, the acting general manager of WorkCover’s workers’ compensation insurance division (and their […]

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Injured worker awarded K530, hired gun WPI discrepancy and disavowing defence OT

The following recent QLD common law legal case makes for very interesting reading. Not only are the WorkCover QLD defence tactics (outrageously) enlightening, there is also rather a big gap in the injured worker’s assessed whole person impairment between 2 specialists, one presumably a much loved IME by WorkCover QLD, and most interesting is that […]

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The injured worker’s capacity for pain tolerance

Let’s talk PAIN. I am, like many of you, in severe pain. In my injured opinion I believe there is a big difference between the concepts of pain treatment and pain management, and quite often when you – the injured worker- participate in pain treatment, you are in fact -somehow-postponing your ultimate requirement, namely that […]

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Comcare workcover scheme to be tightened to prevent reckless injured workers claiming for injuries

The national workers compensation scheme will be tightened under the Abbott government overhaul to prevent reckless workers claiming for injuries caused through their own misconduct….reports the Sydney Morning Herald. So much for our “no fault workcover system” .. and what about reckless employers? Comcare workcover scheme to be tightened to prevent reckless injured workers claiming […]

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Workcover is portrayed by the media as an undeserved benefit

It is important to remember that our employers, and often all too many politicians, workcover insurers and especially the media portray our workcover system as some sort of undeserved benefit (or even a free “holiday”) that all deceptive injured workers abuse. Workcover is portrayed by the media as an undeserved benefit Let’s refer back to […]

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