The Administrative Appeals Tribunal (AAT) has rejected an appeal launched by a former Centrelink worker who had claimed ongoing injuries and depression stemmed from a fall she had at the welfare agency.
The appeal was over a claim by the employee that a fracture, which Comcare accepted liability for in 1999, had led to the permanent impairment of her left foot. Comcare denied liability for a subsequent claim in 2002.
However, the employee ramped up her battle for compensation after a brief reprieve in 2003, and has since claimed chronic pain that she argued was caused by the injury in 1998.
Comcare denied that the worker actually had the disorder, and argued that even if she did, it wasn’t due to the initial injury at Centrelink.
The AAT last week said in its conclusions that the worker had “exaggerated, if not fabricated, her symptoms”, which by 2006 had extended to claims of depression and psychological disorders. It said it was not satisfied that she suffered from chronic pain disorder, and rejected any connection, if it did exist, to the injury in 1998.
5 March 2010
WCV: More Oppressive behaviour by another workplace injury insurer !
Why is it that this person was injured in 1998 and comcare are still forcing court proceeding some 12 yrs later !
When does their hunting mentality cease?
This is workplace bullying at its highest level !!!!!!
4 comments:
very well written and informing post, thanks author . i would like to say something on injury compensation, Getting a personal injury compensation claim is a simple task to do. An advice from a personal injury compensation claims company can shorten the entire procedure of making a claim. Specialized accident claims solicitors provided by these claims companies may assist you toward your goal. These solicitors have plentiful knowledge in managing claims cases and are specialised in all areas of personal injury litigation. They can help make a compensation claim for a whiplash injury, an accident at work, medical negligence. With no win no fee claims procedure; a claimant can get compensation with no financial worries at all.Compensation claims company can also provide you with the best medical assistance possible usually at their own expense. This is to ensure that you will get the best medical witnesses to attest your injuries at court. The medical people will assist you in getting the best possible in order for you to recover faster.
Where the hell are these lawyers that keep getting personal injury compensation with a good spin? Normally everyone knows it is the other way around. People who are crazy enough to go on the workcover system regret it all their life. ust ask them. Of course the specialised lawyers are trying to present the best evidence in favour of their clients; otherwise that rotten system called workcover will spin them out with all sorts of technicalities. The best medical witnesses will not damage their good names with made-up evidence. On the same token,so-called 'Independent Medical doctors/specialists' cannot be relied upon to produce an unbiased report because they rarely do, for the simple reason that they are paid by insurance, report to them and will not get any more workcover patients if they keep making reports in favour of injured workers. They are not stupid and they enjoy the big money they are earning through that system; so, workers who are assessed by them have to question the insanity (another one) of the process. Unless they have lost their limbs through work or have been ripped senseless, what is not so apparent, gets automatically downplayed. We must remember that the independant doctors are provided with previous reports about the workcover client, specially the finicky bits or the unclear parts that can be multi-way interpreted or that cast any doubt on the injuries. All the Independant doctors have to do is 'concur' with his predecessor's report. Believe me, Workcover knows exactly to whom to send clients if they are not satisfied with a previous report.
Yes I agree that the insurance company Drs are acutely aware of who is paying the big bucks and enjoy the challenge of fabricating the best possible outcome for the insurer. They have made it into an art form and make their determinations(fabrications) on segments of information usually from the distant past. You just hope that the AAT can see through these reports??? Unfortunately a lot of the time they don't.
Comcare definately has a cache of desirable physicians who will fabricate reports to their satisfaction. Yes they delve into your past beginning from when you can remember so to arm themselves with as many options as possible. You will note they ask every physician whether they recommend a referal to another Dr and of course they do, its all part of the service so Comcare can accumulate a fistful of questionable reports to counter your claim. Comcare pay big bucks for these reports.
If their lawyers have chosen to bludgeon your case to death, I would say 90% of the time that will occur. Part of the tactic can involve getting multiple diagnosis to throw the AAT into an already flawed moral dilemma.
The moral of it is, there is no morals. If at all possible use your sick leave and try and get your tests and psych evaluations off your own back and get back to work in your own time. When you get back to work or approaching retirement/invalidity open a 'Comcare closed case claim' and use your own reports as evidence. This avoids the Comcare physician shamozzle.
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