13 Emerging Issues - Marilyn Cassidy - Wollongong · Reviews of Not MMI Certificates for...
11
EMERGING ISSUES | 24 May 2019 Principal Lawyer ILARS 2019 WIRO REGIONAL SEMINAR | WOLLONGONG Emerging Issues Marilyn Cassidy 24 May 2019
Transcript of 13 Emerging Issues - Marilyn Cassidy - Wollongong · Reviews of Not MMI Certificates for...
EMERGING ISSUES | 24 May 2019
Principal Lawyer ILARS
2019 WIRO REGIONAL SEMINAR | WOLLONGONG
Emerging IssuesMarilyn Cassidy
24 May 2019
EMERGING ISSUES | 24 May 2019
> SIRA review of icare> Section 39 and the decision in Hochbaum> WCD reviews and the Commission> Recovery of compensation payments> Heise – implications for insurers> Trends
Subjects
EMERGING ISSUES | 24 May 2019
> Compliance audit and performance review of icare commenced February 2019
> Terms of reference, discussion paper and public consultation announced 16 May 2019
> Power:> State Insurance and Care Governance Act 2015
> Section 23, Section 24
> Workplace Injury Management and Workers Compensation Act 1998> Section 22, Section 23
SIRA review of icare
EMERGING ISSUES | 24 May 2019
> Rationale> largest insurer in the scheme (65% of active claims)
> Regulator to ‘hold insurers accountable for the services, experiences and outcomes’
> Outcome and reports> Public Consultation on Discussion Paper now open - submissions close 14
June 2019
> Report expected August 2019
> icare will be given the opportunity to consider and respond to the draft report
SIRA review of icare
EMERGING ISSUES | 24 May 2019
> Kennewell v ISS Facility Services Australia Limited t/as Sontic Pty Limited [2018] NSWWCC 216 (Kennewell)
> RSM Building Services Pty Ltd v Hochbaum [2019] NSWWCCPD 15 (Hochbaum) 18 April 2019
> Is Kennewell now wrong?
Section 39 and the decision in Hochbaum
EMERGING ISSUES | 24 May 2019
> What happens when: > The original work capacity decision (WCD) is the subject of an
internal review and > A new decision is made after 31 December 2018 which is
different and> The worker wishes to dispute the new decision?
WCD reviews and the Commission
EMERGING ISSUES | 24 May 2019
> Labourpower Recruitment Services Pty Ltd v Nolland [2019] NSWSC 512 (6/5/2019)
> Section 235 Workplace Injury Management and Workers Compensation Act 1998
> Does the employer have standing in circumstances where it acted as conduit for compensation payments?
Recovery of Compensation payments
EMERGING ISSUES | 24 May 2019
> Employers Mutual Limited v Julie Ann Heise and the Local Court of New South Wales [2018] NSWSC 1842 (Heise):
> The worker claimed a s.66 lump sum on 11 April 2017
> EML failed to determine the claim
> The worker filed an ARD in WCC on 25 July 2018
> The worker sought Local Court issue a Court Attendance Notice (CAN) for breach of s.283 1998 Act (penalty for failing to determine a claim)
Heise
EMERGING ISSUES | 24 May 2019
Reviews of Not MMI Certificates for s39 threshold> Insurers are applying to the Commission to have a further assessment of whether
the worker has reached MMI (by way of reconsideration), but are also seeking that the worker undergo an assessment of permanent impairment
> The original referral was to answer the question “whether the degree of permanent impairment of the injured worker is fully ascertainable” and NOT “the degree of permanent impairment of the worker as a result of an injury”
> The WCC Registry has accepted these applications and made referrals to an AMS
> Arguably the only thing which can be referred for reconsideration is the question of maximum medical improvement
Trends
EMERGING ISSUES | 24 May 2019
> Medical Appeals and Judicial Review of Medical Appeal Panel decisions:> These are increasing > Not surprising in view of the importance of assessments of
permanent impairment> WCC> Observation that matters are being scrutinised for being fully
prepared in order to proceed
Trends
EMERGING ISSUES | 24 May 2019
EMERGING ISSUES24 MAY 2019
Principal Lawyer ILARS
2019 WIRO REGIONAL SEMINAR | WOLLONGONG
Marilyn Cassidy
