Queensland Ombudsman beleives that Natural Justice was provided to Injured Workers

Investigation and findings

We received complaints from two workers who had suffered psychiatric and
psychological injuries in the workplace and were dissatisfied with the decision
on theircompensation claims by WorkCover Queensland (WorkCover).

In assessing their claims, WorkCover hired investigators to visit the workers’
workplaces, question witnesses and compile reports. In each case, the injured
worker’s application for compensation was rejected by WorkCover because
witnessstatements referred to in the report supported the view that
management’s decision was reasonable.

The injured workers complained to us that they were not provided with
information regarding the witness statements or given the opportunity to
comment on them prior to WorkCover’s decision and, therefore had been
denied natural justice.

We investigated the matter by seeking further information from, and
having discussionswith WorkCover representatives. We found that:

1. WorkCover had an obligation under common law to provide natural justice before making its decision and there was a clear legislative intention that WorkCover provide natural justice in the first instance.

2. WorkCover’s procedures did not require injured workers to be provided natural justice. In both cases, WorkCover had not supplied the injured workers with:

1. all the information adverse to them which it intended to use to make its
   decision
2. an opportunity to respond to the information adverse to them or have
3. any information they provided taken into account before making its
   decision.
   

Recommendations and outcome

We recommended that WorkCover:

1. amend its procedures on the assessment of claims in respect of
   psychological and psychiatric injuries to make it clear that decision-makers
   must comply with the rules of natural justice
2. review its procedures in relation to all other claims to ensure that the
   procedures make it clear that decision makers must comply with those rules.
   

We were not able to take any action to directly assist the twoinjured workers because they had both exercised their appeal rights to Q-COMP and it had provided them with natural justice during the course of the appeal. However, the implementation of our recommendations will result in fairer
treatment by WorkCover for injured workers who seek compensation.

WCV's: "Implementation" what a joke! How about some balls to enforce it?
The ombudsmans office is nothing but a toothless tiger and a waste of
precious time!!!

The original document can be found at the link listed.