In Western Australia, the workers compensation system is a complicated system which is mostly governed by the Workers Compensation and Injury Management Act 1981 and its associated regulations and rules. Under this Act, WorkCover WA has created, it is created as both the regulatory authority for workers compensation in Western Australia as well is the conciliation authority and arbitration authority for the determination of disputes regarding the workers compensation system.

Regulatory Purpose

One role of WorkCover WA is as a regulatory authority regarding workers compensation in Western Australia. This involves functions such as conducting investigations into the workers compensation system, collecting statistics regarding the WA workers compensation system, undertaking criminal proceedings regarding the provisions of the Workers Compensation and Injury Management Act 1981 and its associated regulations and rules and collecting information about workers compensation claims from stakeholders such as workers compensation insurers.

One example of how this would work in practice is that pursuant to section 84AA of the Workers Compensation and Injury Management Act 1981 there is an obligation for an employer to keep open a position for an injured worker who has an accepted workers compensation claim for 12 months. Failure to comply with this obligation is a crime, and the potential penalty is $5000. If an employer does not comply with this provision then WorkCover WA may take out prosecution proceedings.

Conciliation Purpose

Another role of WorkCover WA is there conciliation purpose. Where the parties to a workers compensation claim (the injured worker, the employer and the workers compensation insurer) cannot agree about a matter within the workers compensation system, then any one of those parties may bring an application at WorkCover WA for a determination of the dispute.

There are several types of dispute under the WA workers compensation system. Some disputes include a determination of liability to pay weekly payments of compensation and statutory expenses (which includes medical expenses, rehabilitation expenses and travel expenses), and order to reduce or discontinue weekly payments of compensation, in order for payment of medical expenses, such as surgical expenses, or an application seeking orders that an injured worker participates in a vocational rehabilitation program.

The most common dispute seen by workers compensation lawyers is probably for a determination of liability to pay weekly payments of compensation and statutory expenses. This ordinarily occurs when an injured worker makes a claim for workers compensation which is not accepted by his employer and the workers compensation insurer.

An application for conciliation is the first stage in the dispute resolution process. The parties attended a conciliation conference where they discuss the matters in dispute and attempt to reach a resolution. In many situations this means an overall resolution of the workers compensation claim, however, resolution of such a dispute can take many forms.

Arbitration purpose

The second stage in the dispute resolution process is called Arbitration. An application for arbitration is an application for a WorkCover WA officer, called an arbitrator, to determine a dispute regarding the workers compensation system. A party can only proceed to an arbitration of a dispute where they have gone through the conciliation component of WorkCover WA, and the conciliation has been unsuccessful.

Recently, WorkCover WA has introduced a pilot program called a pre-arbitration conference. This process is much like a conciliation conference, but occurs when the parties have had a arbitration hearing scheduled, so if they do not resolve the matter at a pre-arbitration conference then it is fairly clear that the parties are proceeding to an arbitration hearing.

It is important to realise that an arbitration hearing is a full court hearing, and therefore if a party wishes to adduce evidence from a person, generally they will have to call that person as a witness. The exception to this is that in the WorkCover WA system medical practitioners are generally not called as a witness, and their evidence is normally adduced on the papers.

Foyle legal is a personal injury law firm specialising in the area of workers compensation law and work injuries. If you have made a claim regarding a work injury or you have made a workers compensation claim then Foyle Legal may be able to assist you on a no win no fee basis.

For more information, Please contact us.

Foyle Legal
6/2 Carson Road
Malaga, Perth, WA 6090
Phone: 0408 727 343
Email: [email protected]
https://foylelegal.com/