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The Workers Compensation Commission replaced the Workers Compensation Resolution Service in January 2002. It handles disputes about:
- weekly compensation
- suitable duties
- medical and related expenses
- permanent impairment
- pain and suffering
- death of a worker
- payments for damages to personal property, such as clothing and spectacles.
Application to the Workers Compensation Commission
Any party to a dispute can make an application to the Workers Compensation Commission regarding weekly benefits, medical and related expenses, damages to personal property, or management of the worker’s injury in the workplace. Only a worker, or their representative, can make an application regarding permanent impairment and pain and suffering.
Application forms and information on the application process are available from the Workers Compensation Commission.
There are a number of different types of applications that a party to a dispute can make to the Commission.
Interim Payment Direction (IPD)
An IPD is a direction by the Workers Compensation Commission to start payments to the injured worker. It is only available for weekly benefits, or medical and related expenses, under $5000.
A worker may apply for an IPD if the insurer has not decided or started payments, and has not provided a ‘reasonable excuse’. The application may be made seven days after the worker tells their employer that they have an injury.
The IPD does not mean that the insurer has accepted the claim, rather it is a way of paying the injured worker while more investigation takes place.
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Resolve a dispute
Applications to resolve disputes can only be made after:
- the time limit for making a decision on the claim has passed and the worker has not received a decision from the insurer and has a CAS reference number
- the worker has received a letter from the insurer saying that the claim has not been accepted
- the worker has received a letter from the insurer saying that they have accepted the claim, but the amount of compensation is in dispute.
Approved Medical Specialists
Specialist doctors, called approved medical specialists, who are appointed by the President of the Workers Compensation Commission, resolve disputes about permanent impairment and other medical issues.
There are two types of approved medical specialists:
- those who assisting resolving medical disputes about the worker's condition, eg. the cause of injury, treatment options, fitness for employment
- those who resolve disputes about permanent impairment.
After the examination and cosideration of medical information the approved medical specialist issues a Medical Assessment Certificate – the final, binding opinion in disputes about permanent impairment.
In other types of disputes, their opinions are considered by the Arbitrator, who mediates between the parties or issues a direction.
For a list of approved medical specialists, see:
- those who resolve medical disputes
- those who resolve disputes about permanent impairment.
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