Legal
Issue No. 61 - October/November 2011
Out of the spotlight or rabbit stew?
by John Walsh
In March and again in May, I reflected upon a range of issues that were likely to impact upon the WorkCover Scheme. We now know the outcome of the Campbell, Yaghoubi and Davey decisions and the “Cossey Review” has been released.
It is fair to say that an assessment of each provokes more questions than answers and supports my assessment that, so far as WorkCover is concerned, 2011 will continue to be a year of uncertainty.
Cossey Review
The authors of the review found that, “no firm conclusions can be drawn at this time, (and) Parliament or the Government may wish to consider a further review at an appropriate time in the future”.
The reviewers found that, “Fortunately, more than 90% of people who are injured at work incur very little by way of medical costs or experience significant time away from the workplace. The amendments to the Act in 2008 were not designed to impact on these injured workers and, by and large, have had no impact”.
However, “…the uncertainty which surrounds the status of some of the key changes because of legal challenges yet to be finalised has had a reported impact on injured workers to the extent that a system which is not particularly easy for all to comprehend is, at this point, even more difficult to comprehend”.
Regarding Lump Sum Compensation injured workers assessed as having more serious injuries received an average of 20% more compensation than previously. However, workers whose injuries are not assessed as severe missed out if the degree of impairment or disability fails to meet the 5% WPI (whole person impairment) threshold....
