Dozens of seriously injured, long-term WorkCover recipients are having
their payments reduced or stopped by the authority in an "unfair" process
that could leave some suicidal, according to industry experts.
According to lawyer Paul Mulvany, the principal of Workforce Legal and
former judge of Victoria’s Accident Compensation Tribunal, who has had
more than 30 years’ experience with WorkCover believes there had been
improvements to the authority in recent years, but there remained "pockets
of sub-standard performance" including "inappropriate determinations"
for long-term claimants.
State legislation requires WorkCover to reassess injured workers at least
every two years, but recently the authority had a project to reduce the number
of long-term claimants, Mr Mulvany said. He likened the reassessment process
to "rolling the dice". Those who had poor rulings could seek a review through
a WorkCover-funded conciliation process, an independent medical panel or
the courts.
Mr Mulvany estimated that 70 per cent of those who fought their assessments
had them overturned on appeal. "The story is they get it wrong a lot of the time,"
he said.
Another lawyer, Patsy Toop, said four clients had lost benefits in the past 12 months.
"It’s appalling when you consider that the Victorian WorkCover Authority
made a billion-dollar profit this year that they would be attacking those people
who are long-term recipients of WorkCover benefits," she said.
Leading WorkCover practitioners have called for greater transparency and
care by the authority and its doctors, whose reassessments have denied some
long-term claimants payments and treatment after more than 10 years of
regular benefits.
Workers’ Occupational Health Centre physician Helen Sutcliffe estimated
up to 50 seriously injured workers would have had their benefits reduced
following adverse reassessments. "I don’t think there’s any doubt that
many long-term WorkCover recipients are being targetted," she said.
While a re-examination of claims was reasonable, the way it was done was
"inappropriate" and "unfair" for quite a number of people, she said.
Dr Sutcliffe said some had been left in a such vulnerable position physically,
mentally and financially that she "wouldn’t be surprised if there’s suicides
as a result of this".
Trades Hall WorkCover officer Jarrod Moran said there was "room for
improvement" in the treatment of long-term claimants, who were the most
dependent on the WorkCover scheme.
WorkCover Minister Tim Holding would not respond to the criticism.
A Victorian WorkCover Authority spokesman said it had to ensure people
received appropriate benefits. Reassessments could be appealed to a free
conciliation service or medical panel, while the Australian Medical Association
handled complaints about doctors.
Workcover Victims Victoria was established in 1999 and this blog was created in 2008. We are a fully Independent advocacy group for Injured Workers and their families. You can find up to date information on YOUR RIGHTS and making a workcover claim and we also have many other links for further information including; legislation, Guidelines & Reports, News & Contact Directory.
Monday, 13 October 2008
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