Archive | June, 2019

Screenshot_2019-06-28 case manager

Workcover Case Managers: from Pizza Hut Team Leader to Claims Manager

You may remember that we have – over the years- posted quite a few articles about the Workcover Case Managers (aka Claims Assessors). They often have the right to withhold treatment recommended by our own medical specialists or to over-rule evidence-based treatment based on thorough medical knowledge. Workcover Case Managers also change often, without notice. The problem becomes even more absurd in that the Workcover Case Managers do NOT have appropriate education nor qualifications, certainly not in the medical or allied medical field, yet they are given the power to deny your claim and to deny your medical and like services! Continue Reading…

independent-medical-examinations-in-workers-compensation-cases

What do you do if you feel your IME report is incorrect?

As we have stated a zillion times, independent medical examiners (IMEs) are not always perfect. Sometimes the IME doctor will make mistakes, these could be genuine mistakes and oversights based on, for example, very selective and outdated “material” your case manager sends to the IME doctor. But unfortunately some IMEs are outright biased, some more than others. So what do you do if you feel your IME report is incorrect, or is missing important information, or has partial “mistakes” and/or “oversights”?

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Traumatised Police officer takes criminal action against Workcover NSW agent

We are delighted that Pat McGarth – the ABC Investigative Journalist – published the following story! A traumatised police officer who suffered physical and mental injuries follwowing a police car accident has launched a private criminal prosecution against workplace injury claims manager Employers Mutual Limited (EML) – an Agent for Workcover NSW, after having been forced to wait efor over a year for a rightful workcover payout. Under New South Wales workers’ compensation laws, failure to decide on a claim within two months is a criminal offence and attracts a fine of $5,500. We are in true admiration of the brave police officer, and so hope she will win the case, and in doing so, set a much needed precedent. Workcover insurers including those in Victoria are still manipulating claims data in order to attract higher financial rewards.

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one-does-not-get-medical-care

Injured workers continue to face insane barriers to medical treatment

Unfortunately, and despite the fairly recent Ombudsman’s findings and recommendations about WorkCover VIC, we know first hand that people with longer-lasting injuries are still often forced to battle doctors hand-picked by insurance companies to get medical treatment. In other words: injured workers are still waiting in pain!

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Attending IME for psych work injury

For any injured worker the prospect of having to undergo an Independent Medical Examination (IME) causes a lot of apprehension and fear. But for those workers who have suffered a psych injury at work ( in particular a primary psych injury) attending an IME can cause even more trepidation!

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lunpsum

Permanent Impairment lumpsum of a workcover claim in Victoria

We have recently been contacted by a couple of seriously injured workers regarding their workcover injury permanent impairment claim. Most are confused about the process and many are quite shocked at the low monetary value put on their case/injury. Some don’t know whether they should accept the lump sum, or take their case to conciliation (and/or a medical panel). Perhaps it’s time we summarised the permanent impairment claim process in order for injured workers to better understand the process and what to expect.
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Screenshot_2019-06-17 Current Investigations - Victorian Ombudsman

Workcover insurers celebrate delay and denial of claims

In the 2016 Ombudsman Investigation into WorkCover VIC practices, emails from for example, workcover agent (insurers) made public by the Victorian Ombudsman show management congratulating staff who had “achieved their termination target” and were “top terminator” or top deny/rejector” of insurance claims! Fully sick, considering they celebrate injured workers’ pain, suffering and misery!

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expert-witness-IME-court

Tips about WorkCover Expert Witnesses and the like

For many injured workers, many medical professionals and even personal injury lawyers, there is quite a bit of scepticism about the workcover system’s use (or abuse) of “expert witnesses” including the (over)use of Independent Medical Assessors. It has been alleged that workcover expert witnesses and the like are not always there to share informed, evidence-based insights or opinions, but rather to “spin” evidence as required (by the insurer).

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facebook-and-workcover

Social media posts can affect your workcover claim

These days, just about everything we do on social media can have a big effect on our offline, private lives. We see increased cases of, for example, social media defamation; workers who have been sacked thanks to inappropriate Facebook rants, inured workers who have posted pictures of themselves, even to people who have had their homes robbed after mentioning on FB pages that they were away!  The internet is a private investigator that never sleeps!

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workcover psych injury