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PRESENTATION OUTLINE

THE NSW STATE LEGAL CONFERENCE SESSION 16: DEVELOPMENTS IN WORKERS COMPENSATION “Update from the Commission” 27 March 2014. PRESENTATION OUTLINE. 1. Practice and Procedure Lodgments Listings and Timeliness Directions for Production Late Documents Correspondence 2. Decisions of Interest

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PRESENTATION OUTLINE

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  1. THE NSW STATE LEGAL CONFERENCESESSION 16: DEVELOPMENTS IN WORKERS COMPENSATION“Update from the Commission”27 March 2014

  2. PRESENTATION OUTLINE 1. Practice and Procedure Lodgments Listings and Timeliness Directions for Production Late Documents Correspondence 2. Decisions of Interest Weekly Payments Permanent Impairment Medical Expenses Journey Claims Costs

  3. PRACTICE AND PROCEDURELodgments

  4. PRACTICE AND PROCEDUREListings 2013 11,036 teleconferences 3,386 con/arbs 4,590 medical assessments

  5. PRACTICE AND PROCEDUREMatters On Hand

  6. PRACTICE AND PROCEDUREDirections for Production Registrar’s Interim Guideline • Expires 30 April 2014 • Rule 13.4, 2011 Rules

  7. PRACTICE AND PROCEDURELate Documents 2012 Form 2 Applications • 60% subject to late documents applications 2013 Form 2 Applications • 62% subject to late documents applications • 20,833 applications – more late documents 2014 Form 2 Applications • 3,692 applications – first 10 weeks • 2,615 (71%) – post 02/04/13 lodgments

  8. PRACTICE AND PROCEDURECommunications Professional courtesy Solicitors’ Rules Ken Tungrul v Tarrants Financial Consultants P/L [2013] NSWSC 171 (Kunc J) • Written communications confined to p & p • Allegations, matters of substance etc should not be communicated direct • cc other party

  9. DECISIONS OF INTERESTWeekly Payments Commission’s Jurisdiction • Limited by work capacity decisions and section 38 (third entitlement period) Existing recipients of weekly payments • Meaning of “immediately before” • Payments inadvertently not paid • Suspended payments

  10. DECISIONS OF INTERESTPermanent Impairment A claim for compensation (cl 15) • Means any claim for compensation made before 19/06/12 One claim per injury (s 66(1A)) • Does not apply to further claims if first claim was made before 19/06/12 Hearing loss • Each claim must reach the threshold • New provisions do not apply to pre 2002 injuries

  11. DECISIONS OF INTERESTPermanent Impairment Calculating further impairment • Deduct first combined WPI from new combined WPI

  12. DECISIONS OF INTERESTMedical Expenses 12 month limit • Applies from 01/01/13 Requirement for pre-approval • Commission and Registrar exempt from provision Future medical treatment or service • Two-step process mandatory

  13. DECISIONS OF INTERESTJourney Claims Real and substantial connection • Doesn’t need to be the sole cause • Commonsense test • Greater or increased peril

  14. DECISIONS OF INTERESTCosts Proceedings commenced on or before 02/04/13 • Clause 8, Schedule 8, 2010 Regulation, as amended Claim for compensation made before 01/10/12 • “A claim” not “the claim” • Goudappel followed

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