Description
A forum for interaction about Workcover South Australia and the experiences of Injured Workers.
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Workcover. Discussion place for injured workers and others.
Merry Christmas
Merry Christmas to all readers...
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Posted by Santa Claus at 1:19 PM, 23/12/2006 |
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Is Victoria Workcover struggling like Workcover SA??
A $1 billion in the bank for WorkCover - what about the workers?
An injured worker writes:
Can someone please check the Workcover annual report, am I reading it correctly? Has Workcover got 1.12 billion in the bank?
While injured workers are continually locked into a never ending fight for their legal rights for work related injury. It appears that more funds are expended in sustaining a huge bureaucracy, and generously paying the legal fraternity to fight injured workers, than what is paid out to injured workers.
Does an organisation such as Workcover not exist to assist injured workers? What are they doing making a huge profit at the expense of those they are supposedly assisting.
One otehr issue I would like to raise concerns the travel allowance paid for injured workers when required to travel to medical appointments, that is 28 cents per kilometre, it was 28 cents a kilometre nearly ten years ago. Given that petrol has nearly tripled in price over those ten years how can this be fair?
If this is fair, why do public servants and/or other workers who get paid travel for using their own car get paid over 60 cents per kilometre? And who actuallyconducts any reviews to see that injured workers are reimbursed in a fair manner.
Yes, I am an injured worker and have been in the system for several years.
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Posted by Fed up with the Fat cats. at 8:24 PM, 23/12/2006 |
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Travel
Here is a site for travel fees,
http://claimassist.workcover.com/Legislation/Sums/sumss32_7_.htm
Here is the main site for all scheduled fees
http://claimassist.workcover.com/Legislation/Sums/scheduleofsums.htm
I hope this helps |
Posted by Anonymous at 10:36 AM, 24/12/2006 |
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schedule of sums
I had a look at the the schedule of fees site, i have noticed that the average weekly earnings as from 17/08/2006 is $1019.40, I wish i got paid that much. So when the case manager or your rehab ever states to you that you are on a good wage, refer to this figure.
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Posted by underpaid at 10:57 AM, 24/12/2006 |
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Duty of care
| I was wondering if injured workers can stake a case against workcover and or its agents under the Negiligence of Duty of Care. I have had enough and feel that we should stand up and make them accountable. If anybody feels we should head down this path, please respond on this site and if there are enough responds we can start to seel legal advise. Workcover have already admitted they need to change their approach, but for some like myself I think its too late. |
Posted by Had enough at 8:02 PM, 24/12/2006 |
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Duty of care
I know it may seem like a long time off but I can assure you there are a number of readers waiting for the next forum to discuss this and for a couple of cases to go through. One is Garcia vs CGU which was appealed.
Depending on the outcome of that the floodgates may be opened.
I am sure if someone commences an action it will be posted here as soon as someone knows about it..
I know some of the big companies take this stuff on..but you need a good case..simply being stuck on workcover for 5-10-15-20 years is not a reason for bringing an action..
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Posted by see you at the next forum.. at 9:36 PM, 24/12/2006 |
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Duty of care
| It is not simply that one is been on the system for an amount of time, its what happens to that worker while they are on the system. Some of the information i have in my 107 file does suggest that they have no intention to rehabilitate me. These providers are employed because they are well aware of their duties and therefore have taken on that responsibility. |
Posted by Had enough at 11:40 AM, 25/12/2006 |
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medical certificates
| Has anybody experienced case managers or rehabilitation consultants who ignore what your medical certificates state? or try and entice your Doctors to even change them to suit their needs? |
Posted by abused at 3:14 PM, 25/12/2006 |
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107 B
If you think you got all of your documents under 107 B..try again..carry out an FOI application simply asking for " all records relating to me"
Then carry out an internal review.
After thats done check all of your documents and if you suspect some are missing or some are withheld ask for an external review with the Ombudsman..just to be thorough.
If there are any external service providers involved like Rehab providers, private investigators, lawyers for workcover you should also get all of their documents.
Then you get a real picture of whats going on..
If your rehab conslutant acts a bit funny towards you, your case manager is being an arsehole and your weekly income cheques are irregular or do not arrive on time and you find something like this in your file that is addressed to a supervisor or someone in Workcover then you know that they are now on your back..
" this worker does not want a redemption.
What do you suggest?
Intensive rehabilitation?
Surveillance?
What else?
You were wondering about the what else..well all those rumours you read about verballing the witnesses and investigators showing doctors video evidence and asking them to comment without verifying whether any of the information is true......the rumours obviously are not made up..
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Posted by when enough is not enough at 10:48 PM, 25/12/2006 |
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107B file
| My suggestion would be for every injured worker to apply for thier section 107B file, external files and any other relevant file all at the same time. Can you imagine the frustration the case managers would be experiencing if they got a huge influx of files to sift through? It is only a suggestion and i would appreciate any comments. I am due for a re application in 2 weeks time but i can hold off when everybody is ready? please let me know. |
Posted by working together at 9:56 AM, 26/12/2006 |
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All documentations
All document forms from workcover including freedom of information forms are available from this site
http://www.workcover.com/Home/DocumentsAZ.aspx
Use them, thats what they are for..... |
Posted by info at 10:07 AM, 26/12/2006 |
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Freedom of information
107 B does not provide the same legal rights as Freedom of information.
It is important that injured workers appreciate that under 107 B they can apply for documents and receive them in a short period of time.
Yet if there are some legal proceedings against you or something in the tribunal..FOI is the only way you have any chance of getting documents or video that would otherwise be exempted from production.
Its important to realise that under FOI you would get documents that otherwise would not be provided under 107B.
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Posted by seeking the truth at 7:02 PM, 26/12/2006 |
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Injury
| I have sore balls. I think they are severely injured. My employer has me fixed in a vice like grip for extended periods of time. Who will compensate me? |
Posted by Rudoph at 9:17 PM, 26/12/2006 |
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Comments
| I have too much time on my hands at work. So I sit all day typing comments to myself. I post a question and then I give it a few minutes or hours and I post an answer back to myself. Sometimes I get really clever and post answers to questions from the day before just to really stretch my mind. I have built up a HUGE comments list as a result. The problem is, though, that I think I have driven myself schizophrenic in the process. I have also developed repetitive strain injury in my wrists and primary typing fingers. Who can I sue? And will WorkCover pay me out because I need a new Mac because all these comments have given my keyboard a hernia. I think my monitor has light sensitivity issues too, so can I get a lump sum payment by proxy for these two related conditions too? I also worry that I can be summarily dismissed by my employer for all the free broadband me and my union mates are consuming while we all invent similar blogs and write inane questions and answers to ourselves. Can you help? |
Posted by too kuch time on my hands at 9:26 PM, 26/12/2006 |
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Reply
Dear too kuch time on my hands:
I think you are really "too Much time on my hands" but that keyboard hernia is flaring up and causing you spelling issues. There is definitely a special WorkCover payment for that. Now in reply to your substantive issues, section 101A of the third schedule to the Act applies. You are definitely covered for question and answer syndrome, a recognised sympton of the new workplace agreements. You can automatically receive a $44,000 cash incentive to move to a multiple choice scenario, and if you opt to invoke subsection 2 clause (iv) and move to a "yes/no" Q&A then you'll be eligible for a medical retirement with full benefits until death.
Kind regards
Me (it really is me) |
Posted by not enough time to spare at 9:33 PM, 26/12/2006 |
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Can do office work
I think that if you can type on a keyboard and can read and write you can get a job.
Please supply your file no. so I can pass it on to Workcover.
That way they can do a section 38 review and take away some of your entitlements.
If you can also hold an intelligent conversation with yourself..that means you have good commnication skills.
They may even consider deeming you able to do the job of a rehabilitation consultant or a case manager..
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Posted by recruiting at 9:26 AM, 27/12/2006 |
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Payments ceased
An interesting case has been handed down recently by the tribunal..
It was found that Workcover ceased an injured workers payments outside s 36 procedures in breach of WorkCover’s
obligations and beyond its statutory powers - That s 36 discontinuance also in
breach of Act and voidable - No circumstances to justify overlooking.
So when you hear that "Workcover is working within the spirit of the law" Think again..
You may be the next to have your weekly income maintenance stripped from you...
Judicial Determination - Application for summary relief to set aside a decision
to cease weekly payments and a subsequent notice to discontinue payments
pursuant to s 36 - Decision to cease weekly payments made outside of Act due
to belief that worker had dishonestly obtained payments to which he was not
entitled - No weekly payments were being made to worker when s 36 notice
issued - Held: that cessation outside s 36 procedures in breach of WorkCover’s
obligations and beyond its statutory powers - That s 36 discontinuance also in
breach of Act and voidable - No circumstances to justify overlooking
non-compliance - Both decisions set aside - Weekly payments to continue –
Ss 36 and 85 Workers Rehabilitation and Compensation Act 1986 - S 52
Workers Compensation Act 1971. |
Posted by Bankrupt at 11:29 AM, 27/12/2006 |
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freedom on information file
| How do you obtain the freedom of information file other then the 107B, and how much does it generally cost? |
Posted by seeker at 12:20 PM, 27/12/2006 |
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re: can do office work
| I can hold a descent converstaion with myself, we even have heated debates on what is right and wrong. It does get ugly sometimes though when we do fight but i am still not sure if i kill myself it would be classed as suicide or murder. |
Posted by Me, myself and I at 12:25 PM, 27/12/2006 |
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Freedom of information application.
A freedom of information charges can be found at
http://www.workcover.com/documents.aspx?fno=1534 |
Posted by Freedom of information guru at 1:17 PM, 27/12/2006 |
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let us be heard
| Workedover, can you please set up a section just for email adresses only where we can add people of interest. eg. workcover and eml staff, all the providers, medical fraternity, polititions, church leaders, law firms, media etc. then each of us can bulk send this information to all these contacts of this web site so everybody can understand what turmoil we are going through. This would create an anomynous cheap bulk mail out. |
Posted by let us be heard at 3:11 PM, 27/12/2006 |
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contacts
Possibly in the future something like this could be added.
In the meantime please do not hesitate to post email contact addresses on here so others can also send them the message.
Most members of parliament addresses can be found on the parliament website.
www.parliament.sa.gov.au
I think however that most current members will not answer your emails..
Has anyone else had this experience?
Perhaps if everyone send an email or a letter to one person it may just catch their attention..
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Posted by workedover1 at 5:46 PM, 27/12/2006 |
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freedom of information
re the FOI information..I spoke to one of the FOI officers at the Ombudsmans office about this.
I asked if I should request every type of record...ie investigation notes, video , witness statements, dummy files, secret files, personal diary notes of case managers etc.
They told me that I should make it as broad as possible by asking for records only.
ie where it says documents you are seeking..simply write..
I seek all records held by Workcover relating to me.
then after you get some records back you can broaden the scope and tell them what they did not provide and should have..
Some people do a 107 B first ..get most of ther documents and then do a freedom of information..
This way you can avoid some of the extra costs for photocopying boxes and boxes of documents.
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Posted by anonymous at 8:08 PM, 27/12/2006 |
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freedom of information
| Thats a good idea, as i would have thousands of paper work already through 107B, plus how would i know they would extend their time on purpose and charge me accordinally just to annoy us. |
Posted by info seeker at 11:19 AM, 28/12/2006 |
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email adresses
Here are some email adresses that this blog site can be sent to. We need to send as many as possible. If anybody else has any email adresses of siginicant please keep adding.
bjcarter sa.fh.com.au
president@lssa.asn.au
torrens@parliament.sa.gov.au
rob.lucas@parliament.sa.gov.au
kempm@adv.newsltd.com.au
john.hepworth@unisa.edu.au
SEllis@workcover.com
admin@amasa.org.au
president@ama.com.au
vicepresident@ama.com.au
psychiatry@adelaide.edu.au
occmed@bigpond.com (john meegan)
robert.goldney@adelaide.edu.au
rgillies@depoiconsult.com
olive@star-rehab.com
greg@star-rehab.com
mail@kingswoodinvestigations.com.au
trade@business-sa.com
ptadelaide@parliament.sa.gov.au
WPotter@workcover.com
r.mitchell@employersmutualsa.com.au
a.fleetwood@employersmutualsa.com.au
T.Heaphy@employersmutualsa.com.au
jcremin@depoiconsult.com
lee@parliament.sa.gov.au (michael wright)
cheltenham@parliament.sa.gov.au (Jay Weatherill)
ramsay@parliament.sa.gov.au (mike rann) |
Posted by Anonymous at 7:29 PM, 28/12/2006 |
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email not the answer
The email addresses is a good idea...Problem is most emails go directly to the spam box if you send it to an MP.
Emails or fax are great if followed up by a letter.
Most times emails are not even acknowledged and responses sometimes take 18 months if you are lucky to get one..
What is a better alternative is if people actually go and visit their local ministers.
Make an appointment to see them and discuss your problems about workcover..even if they are only small problems..
Tell them how it affects your family etc..
And then ask them what they will do about it...
The more people that harrass their local mps the more will get done..
Anyone who has Michael wright or Mitch Williams as a local member...make a double appointment ..and tell them about everyone elses problems on Workcover as well. Ask what they are really doing about fixing the problem and what have they done about fixing Workcover in the last 10 years.
Ask them how secure their seat is next election going on their achievements..
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Posted by spammer at 10:39 PM, 28/12/2006 |
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send this web site out to these addresses
Here are some more email contacts, please send this blog site to each one so we can be heard.
ombudsman@ombudsman.sa.gov.au
sellis@workcover.com
smcallister@workcover.com
trezise.tina@safework.saugov.sa.gov.au
Greg.Thompson@unisa.edu.au
Brenton.Bellchambers@unisa.edu.au
Dianne.Dickeson@unisa.edu.au
inquiries@thebriefgroup.com.au
info@rehablink.com.au
adelaide@apm.net.au (Advanced Personnel Management
rtwservices@aapt.net.au
abellcon@chariot.net.au
daniellem@appliedinnovativeservices.com.au
joanne@bakas.com.au
bakjac@senet.com.au
g.moody@beckmann.net.au
pabaggio@ozemail.com.au
catherine@careersafe.com.au
celticcare@optusnet.com.au
lwigg@corporatehealthgroup.com.au
costaper@optusnet.com.au
sdp@depoiconsult.com
enquiries@effective.net.au
enablerehab@ozemail.com.au
protos@bigpond.net.au
bchambers@iwrs.org
leah@insitegroup.com.au
jezza55@dodo.com.au
JMS@Jobfit.com.au
Adelaide@konekt.com.au
jane@lacey.com.au
lizmoriarty@bibpond.com.au
office@mpot.com.au
mary@msvs.com.au
nb@nbassociates.com.au
nandu@nnassociates.com
dilipsmita@iprimus.com.au
paul@praymond.com.au
pennymitchell@dodo.com.au
Christine.Smitham@ppcons.com.au
Patrick.Murphy@ppcons.com.au
cassandra@prevent.net.au
nives.matkovic@internode.on.net
barbara.munn@recovre.com.au
rehab.southern@freshstock.com.au
jfaulkne@arcom.com.au
rob.buthusaim@optusnet.com.au
david.worth@rankinosh.com.au
info@sacareer.com
tracy@secombe.org
mary.swp@bigpond.com
Cb1vms@ozemail.com.au
wsa.mailbox@worksolutions.com.au
slapaglia@workskil.com.au
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Posted by more email contacts at 10:46 AM, 29/12/2006 |
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important email address
admin@medicalboardsa.asn.au
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Posted by medical board at 10:51 AM, 29/12/2006 |
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Emails
This emails are a great idea, i urge everybody to send in their case managers email address, Doctors, and rehab providers.
I have refused to talk to my case manager via the telephone now, i asked for their email address so we can correspond that way. All facts are recorded plus it saves on phone bills and postage stamps and it can be quite instant. keep the email addresses coming. |
Posted by we are serious at 5:04 PM, 29/12/2006 |
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Sending Emails a great idea
Sending Emails is a great idea as you say..good record keeping also and it woudl take a case manager hours to answer all those emails if they had a busy day..
But be wary..if you can write, send and answer emails..you can do office work..you could be subject to a section 38 review on the basis you can send, read and type emails. |
Posted by Office Worker at 7:37 AM, 30/12/2006 |
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Emails a great idea
Emails are a great idea..I am not sure if case managers will accept this for everyone after word gets around as they do consume a bit more time for case managers to answer..This is not a bad thing..
The best part of emails though as you say is that everything is recorded..its stored in a folder that does not need organising. Its reasonably private (if your computer is password protected.) The only problem is that it makes yoru case manager more accountable because accurate records of correspondence are then being kept.
And the other thing for some is that you may decide not to provide your case manager or the insurer your actual street address. They do not need your actual home telephone number..
If Workcover is unable to locate you because you did not supply your address or you have moved and not told anyone ..this is a good thing.. it makes it difficult to carry out surveillance of you and your loved ones or friends that may be with you. More importantly this also saves Workcover money on investigations.. |
Posted by Reader at 10:04 AM, 30/12/2006 |
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Emails
| Can everyone please send this site to the above emails, or any other email addresses that are relevant. If you want to stay anomynous, ask a friend who has no affiliation with workcover to do it for you. I think its about time we are heard. |
Posted by Private at 10:41 AM, 30/12/2006 |
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more email addresses
info@ails.com.au
Sonia@Aktis.com.au
office@appoint.com.au
ame@amerecruitment.com.au
info@australianmedicalplacements.com.au
autopersonnel@chariot.net.au
contactsa@challengeltd.com
clements@clements.com.au
enquiries@handsonsa.org.au
positions@jamesgall.com.au
info@nursingaustralia.com.au
portadelaide@atec.asn.au
schaefer@schaeferpersonnel.com.au
success@stillwellmanagement.com.au
mail@ttg.com.au
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Posted by Anonymous at 11:17 AM, 30/12/2006 |
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more emails (legal)
lawyer@cowellclarke.com.au
enquiry@andersons.com.au
mail@johnstonwithers.com.au
mouldens@mouldens.com.au
admin@oloughlins.com.au
rpryor@pryor.com.au
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Posted by Anonymous at 11:33 AM, 30/12/2006 |
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Need an anonymous email account??
| http://www.theanonymousemail.com/ |
Posted by Anonymous at 11:36 AM, 30/12/2006 |
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Lump sum vs income maintenance
I am a bit confused, Has Bruce Carter worked out that income maintenance is the main reason the debt is so high. It is not only the income maintenance that has to be paid to the injured workers, but all the so called providers need to be paid to upkeep these workers in the system. It seems to me that Bruce Carter is creating a lot of wealth for such providers and hense keeps the workers on the system longer. When is the penny going to drop?
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Posted by Confused at 7:37 PM, 30/12/2006 |
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Tribunal
I have had a look at recent tribunal decisions, i am finding hard to find many cases where the decisions have gone against the injured worker.
http://www.industrialcourt.sa.gov.au |
Posted by reader at 8:02 PM, 30/12/2006 |
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Emails vs Letters
| I would have thought emails were an easy tool to send correspondance, at least you do not have to walk to the post office to buy a stamp and mail the envelope. How can case managers think you can do office work if you can write emails? My 12 year old daughter writes emails, i wouldnt say she is qualified to work in an office. |
Posted by disabled at 8:05 PM, 30/12/2006 |
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Quoted form Hansard..Ability to write letters..Matter of privilege..
On 19th February 2004 matters of privilege were raised in The House of Assembly.
MATTER OF PRIVILEGE
The Hon. I.F. EVANS (Davenport): Mr Speaker, I rise on a matter of privilege. On 24 July 2003, Chubb Corporate Risk Services, on behalf of WorkCover, interviewed a Dr Gadd regarding a claimant, Mr Thompson, a former diver of Port Lincoln. I believe the transcript of that interview may reveal a breach of privilege. It is clear from the transcript that the WorkCover investigators are trying to establish whether the doctor will reconsider the claimant's capacity to work given certain activities the claimant has undertaken. The transcript indicates:
WorkCover say: `All right. What about as far as writing letters, formulating letters, those types of things, did he ever discuss anything like that with you?'
The doctor says: `On occasion yes but I wouldn't expect him not to be able to do that, because I would assume he would do that in his time and therefore may be able to do it in several bites rather than all in one hit.'
The transcript continues:
WorkCover say: What about letters of complaint to members of parliament, to managers of insurance companies to WorkCover themselves? Ongoing issues in relation to, as I say, freedom of information requests and the fact that he identifies certain documents that haven't been provided to him from the volume of information that he's received. Quick look at those if you will.
The transcript continues:
WorkCover say: Some letters of complaints, some letters to ministers, to shadow ministers, the relevant bodies within WorkCover and a freedom of information application. Again does that concern you, is that how he presented to you?
#34I believe that the transcript indicates that WorkCover and/or its agents are using letters written to members of parliament in an attempt to persuade doctors to reassess the capacity of the complainant's ability to work. My concern is that this may breach a privilege of members of parliament. If a member of the public knows that by writing to an MP the letter may be used against them by WorkCover, they will not approach members of parliament because of fear of being victimised by WorkCover. It will restrict us in our capacity to carry out our roles as members of parliament within the parliament.
Further, if the members of parliament themselves know that, by approaching WorkCover or the minister with the letter from a constituent, it may be used against the constituent, we ourselves will be restrained in approaching WorkCover or the minister on that issue or, indeed, in using that information within the parliament. Mr Speaker, I will give you a copy of the transcript and ask that you consider whether there is a prima facie case of breach of privilege.
The SPEAKER: I look forward to getting that information and, whilst I am tempted to remark upon it at this point, I think it might be wiser for me to consider the matter over the ensuing three days of the weekend, along with the other matter on which I have yet to report to the house. I will do that on Monday.
QUESTION TIME
WORKCOVER
The Hon. I.F. EVANS (Davenport): My question is to the Minister for Industrial Relations. Given that the Speaker is considering a matter of privilege in regard to WorkCover's treatment of letters of MPs, will the minister immediately instruct WorkCover, its employees and agents not to shred any documents or materials associated with the case of Mr Jeff Thompson of Port Lincoln?
The SPEAKER: Order! I am not sure that the question is in order. In fact, I think that in the circumstances it is more appropriate that, on behalf of all members, whilst the matter is under deliberation here and sub judice, the chair orders that not the minister but WorkCover will not interfere with any of the files that may be relevant to any consequential inquiry this house may choose to place on foot, pending the opinion preferred by the chair on Monday.
WORKCOVER
The Hon. I.F. EVANS (Davenport): My question is directed to the Minister for Industrial Relations. Given that it has been revealed that WorkCover has had secret files on the partner of at least one WorkCover claimant, how many files does WorkCover have on partners or family members of other claimants? On 8 January this year, Mr Jeff Thompson's wife lodged a freedom of information application seeking documents disclosing where she was present in any video or other evidence. Mrs Thompson also sought all information relating to her held by WorkCover. On 6 February she received WorkCover's response, which disclosed that 11 documents existed. WorkCover has refused to disclose seven of those documents. Mrs Thompson, of course, is not a claimant of WorkCover.
The Hon. M.J. WRIGHT (Minister for Transport): I will check the allegation that has been made by the opposition on this occasion. We need to put this in perspective. The need to protect the workers' compensation scheme for those employers, employees and others who do the right thing is, obviously, an important part of the scheme. WorkCover does have a compliance and investigation unit. If—and I say `if' quite deliberately—WorkCover staff are doing the wrong thing, that will be addressed at a managerial level.One White\IND\Question:nn:The Hon. R.G. KERIN The Hon. R.G. KERIN (Leader of the Opposition): As a supplementary question, will the minister give the house an assurance that WorkCover investigators were not asked to investigate how I received a copy of WorkCover's March 2003 quarterly report, and that no file on that issue exists? I was informed last year that such a request had been made for an investigation to take place.
Members interjecting:
The SPEAKER: Order!
#37 The Hon. M.J. WRIGHT: I am happy to check that for the Leader of the Opposition. Generally speaking, it is not appropriate for me to comment on individual claims and issues. I am happy to check that detail. Last year, of course, what the opposition was asserting and wanting me not to do was to get involved in the day-to-day business of WorkCover. This year, of course, they are now asking the opposite.
The Hon. R.G. KERIN: I have a another supplementary question. Will the minister undertake to check whether any files on this issue exist, and, if they do, will he have all copies delivered to the Speaker by close of business today?
The SPEAKER: Can I clarify what the leader is asking? They are the files relevant to the remark contained in the inquiry he made in the first instance relating to correspondence between his office and constituents—is that the case?
The Hon. R.G. KERIN: I have information that a request had been made to investigate how I came into possession of the quarterly report for the March quarter last year.
The Hon. M.J. WRIGHT: Well, I am not precisely sure what the Leader of the Opposition is asking for. It appears, once again, with regard to WorkCover, that the Leader of the Opposition is going on a fishing exercise; and no, I will not give that assurance.
The SPEAKER: Can I tell the minister that I direct WorkCover, since the matter under consideration impinges on parliamentary privilege, not to interfere with and to hold all those files in abeyance pending the outcome of my deliberations, the chair's deliberations, over the weekend on the matter. Those files must remain intact.
The Hon. M.J. WRIGHT: Sir, I agree with you, but I did not interpret what the Leader of the Opposition just asked me to be specific to that. I am happy for the Leader of the Opposition to repeat the question, but you, sir, gave an earlier ruling in regard to that and I agree with it; I have no dispute with that. I am just not certain what the Leader of the Opposition is now trying, in his fishing expedition, to ask me. If he wants to repeat the question, I am happy to take it.
The SPEAKER: For the purposes of clarification, the chair points out that the chair understands the leader to be inquiring about why WorkCover set out to investigate how the Leader of the Opposition—if the Leader of the Opposition—came to be in possession of papers relevant to WorkCover and its dependencies, whether they are claimants or plaintiffs, or how ever else you may wish to describe them. That seeks to undermine the privilege which the public has vested in members of parliament and in the institution of parliament to do its work as an institution and to do their work as members of the parliament on behalf of the public in whose interest privilege is established.
Accordingly, having had to make those remarks, it has driven my mind in the direction of revealing something of the nature of my view of the inquiry already made by the member for Davenport. There is some serious misconception in prospect within the management of WorkCover that it is free to go anywhere and do anything, including intimidate both members of the public and members of the parliament, in the course of pursuing its inquiries through its compliance division. That, where it relates to parliament, is entirely improper, and it is for that reason that I direct that none of those files be interfered with until after a considered opinion is provided to the house on Monday. The chair recognises that the minister understands the gravity of that position and that, should WorkCover not otherwise come into possession of the information of proceedings today, the minister will undertake to appraise them of it.
WORKCOVER
The Hon. I.F. EVANS (Davenport): My question is again to the Minister for Industrial Relations. Will the minister explain why, just three weeks after the Hon. Angus Redford from another place wrote to WorkCover on behalf of Port Lincoln diver, Mr Jeff Thompson, and just one day after Mr Redford first raised the issue by way of a question, WorkCover seized Mr Thompson's medical records? Mr Thompson has been on WorkCover for a number of years and the very day that WorkCover chose to seize his medical records was three weeks after the Hon. Angus Redford wrote to WorkCover and just one day after Mr Redford raised a question in the house.
The Hon. M.J. WRIGHT (Minister for Industrial Relations): The question asked by the shadow minister makes the assumption that the events are connected. I do not know whether a connection or otherwise is a huge point. As I said before, WorkCover does have a compliance and investigation unit—
Members interjecting:
The SPEAKER: Order, the member for Bright!
The Hon. M.J. WRIGHT: WorkCover does have a compliance and investigation unit and I would have thought that the opposition, as well as employers and employees who do the right thing, would want that. In regard to information, if an investigation is going to occur, information is sought, and that is obviously a routine course of business. An investigation is occurring—
Members interjecting:
The Hon. M.J. WRIGHT: It could be a range of circumstances. An investigation has occurred and that investigation should take its due course. As I said before, if this particular unit—
The Hon. D.C. Kotz: If you don't know, why don't you find out?
The Hon. M.J. WRIGHT: Just shut up, Dorothy. If this unit is not going about its business properly, obviously that will be dealt with, as it should be.
The Hon. R.G. KERIN (Leader of the Opposition): My question is to the Minister for Industrial Relations. Is WorkCover under police investigation for stalking in connection with the Thompson case?
The Hon. M.J. WRIGHT (Minister for Industrial Relations): I will check that detail for the member and get back to him.
WORKCOVER
The Hon. I.F. EVANS (Davenport): My question is to the Minister for Industrial Relations. Given that the Speaker is considering a matter of privilege in regard to WorkCover's treatment of letters of MPs, will the minister immediately instruct WorkCover, its employees and agents not to shred any documents or materials associated with the case of Mr Jeff Thompson of Port Lincoln?
The SPEAKER: Order! I am not sure that the question is in order. In fact, I think that in the circumstances it is more appropriate that, on behalf of all members, whilst the matter is under deliberation here and sub judice, the chair orders that not the minister but WorkCover will not interfere with any of the files that may be relevant to any consequential inquiry this house may choose to place on foot, pending the opinion preferred by the chair on Monday.
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Posted by Hansard at 8:14 PM, 30/12/2006 |
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More emails
adpsych@bigpond.com
enquiries@transitionalpsychology.com.au
rosepark@internode.on.net
martin@walshandassociates.com.au
info@driseleypsychologist.com.au
my.unisa.edu.au
admin@centralpsychserv.com.au
people@mcpheeandrewartha.com.au
info@adagepsychology.com.au
workplace@psychology.org.au
admin@cnsconsulting.com.au
mail@integracentre.com.au
inquiries@bridgepsychologist.com.au |
Posted by Anonymous at 10:19 AM, 31/12/2006 |
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Re: Hansard Report
| Reading the above hansard report shows there is a continual problem and no body wants to take the blame. It has got to the stage where the problem is just so deep now now that its just going to continue to be maintained and not resolved. It just shows the element of the problem is not the injured workers but the way the scheme is managed. If this continues it would just get worse, there will be no miracle cure for the current injured workers and the only way future injured workers would stop to occur is if the employment sector would all of a sudden stop. Both of these issues will not happen. |
Posted by intereted reader at 9:35 AM, 1/1/2007 |
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email addresses
| Can someone send this site to the above email addresses and any other email addresses you can think of. I have sent some but they need to be sent often. Every single person who has workcover interest must be notified, eg, doctors, rehabs, lawyers, judges, polititions, employment agencies, case managers, media. Everyone has to be warned what is going on. |
Posted by need help at 8:15 PM, 3/1/2007 |
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Nick Xenophon Fundraising
28 December 2006
Dear reader
I am contacting you on behalf of Nick Xenophon, as a recipient of his Newsletter.
He was elected to office in 1997 and returned at the March 2006 election with more than 20 per cent of the State vote, over 190 000 votes - a record result for an Independent MP in Australian political history.
While he secured such a large vote, he has also incurred a campaign debt exceeding $100,000.
To try and recoup this debt, he has released the '2007 Nick Xenophon Stunt Calendar' - featuring photos and stories from his famous media stunts.
There are only 2000 copies, each individually numbered and signed by Nick.
At $100 each (including postage and handling) we can recoup his debt, and he will use surplus funds to employ more staff to cope with his massive workload. To give you an idea, there are 22 members of the Upper House, and the Parliamentary switchboard operators say he receives more phone calls than the other 21 combined!
I am hopeful that you will choose to make a tax deductible purchase of the calendar ($80 of the purchase price is tax deductible) and secure yourself a unique piece of political memorabilia that will help Nick in the process.
Please find an order form enclosed, or go to www.nickx.net.au to make an electronic order.
Thanks for your support and best wishes for the festive season.
Yours Sincerely
Chelsea Lewis
Campaign Manager
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Posted by Nick at 12:39 PM, 6/1/2007 |
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Members of the Upper House
To give you an idea, there are 22 members of the Upper House, and the Parliamentary switchboard operators say he receives more phone calls than the other 21 combined!
I wonder what the other members do all day?
Perhaps the members could take note that voters will not call if they do not get any action...
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Posted by Curious at 12:41 PM, 6/1/2007 |
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Jeffrey Thompson
Mr Thompson, (sunday mail 7/1/07) it seems you have been targeted by workcover as they are in damage control. The story hasnt really any substance. It was quoted "that it was important for the integrity of the scheme that workcover pursued cases of alleged fraud as a deterrant to others". This only poves that Dr Cross is correct in his statement that if you are injured at work you become loopy as you are continually being focused as a fraudster and not an injured worker.
The insurance element still exsist in the system and the rehabilitation is only secondary. If this is the case, the Doctors and rehabilitatuion consultants charging for rehabilitation of $57,000 should also be charged for fraud. |
Posted by No substance at 8:58 AM, 7/1/2007 |
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Workcover spends $414,000 on decade long investigation of injured worker
Sunday Mail. Page.35 07/01/07
Renato Costello.
Big Bill from Diver Enquiry.
WORKCOVER has spent at least $414,000 on a decade-long investigation of a former tuna industry diver alleged to have defrauded the corporation.
Documents obtained under Freedom of Information reveal the fund has spent $414,723 investigating the actions of Port Lincoln man Jeffrey Ian Thompson.
The catalogue of costs - between March 26, 1996, and May 23 last year - Includes surveillance and fraud investigation services by private investigation firms and legal expenses associated with a criminal trial in Adelaide Magistrates Court.
Mr Thompson, 41, is facing 95 charges of defrauding WorkCover of $128,593 between August 13,2001, and July 5, 2004.
He has been on workers' compensation since 1994 after allegedly suffering the bends while working as a commercial diver for Kinkawooka Pty Ltd in Port Lincoln.
The trial has been adjourned until April.
In February 2004, the father of two discovered WorkCover had sent private investigators to follow him as he went on a belated honeymoon with wife Loudmila in September 2002.
If found guilty of defrauding WorkCover, Mr Thompson faces a maximum $50,000 fine or one year in prison.
WorkCover documents also show the fund has paid Mr Thompson $590,528 since he began
claiming compensation in 1994. The amount includes $278,831 in income maintenance support, $57,318 in combined medical and rehabilitation expenses, $48,511 in legal fees and $74,291 for a lump sum payment for injuries.
Mr Thompson, who is entitled to $721.40 a week in income support, says he takes painkillers for joint pain, has trouble concentrating and is taking anti-depressants.
The revelations come as the Workers Compensation Tribunal last week ordered that WorkCover back-pay Mr Thompson more than two years of entitlements.
According to tribunal documents, WorkCover ordered former claims agent Allianz to cut Mr Thompson's income and medical expenses on August 18, 2004, following allegations he had breached Section 120 of the Workers Rehabilitation and Compensation Act by dishonestly obtaining payments.
The nature of those alleged breaches is the subject of the court trial.
But on December 22, Deputy President Stephen Lieschke ruled that WorkCover had acted beyond its powers in stopping the payments. He ruled that WorkCover had "elected to disregard" procedures set out in the Act for discontinuing payments.
WorkCover will appeal against the tribunal's decision.
Mr Thompson, who has put in a separate claim for travel and medical expenses, said the judgment was a "major victory".
"This investigation has had a huge impact on my family and I have had to sell my house in Port Lincoln to pay for the legal fees," he said.
A spokeswoman for WorkCover said it would be inappropriate to comment on Mr Thompson's case because it was still before the courts. But she said it was important for the "integrity" of the scheme that WorkCover pursued cases of alleged fraud as a deterrent to others.
"In 2005-2006, these prosecutions provided a cost saving of $3.97m and well in excess of $30m in the 10 years from 1994 to 2004," she said.
"WorkCover has an obligation to employers and the South Australian community to pursue potential cases of alleged fraud."
She said WorkCover's Compliance and Investigation unit returned $4.40 for every dollar spent.
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Posted by Homeless at 9:51 AM, 7/1/2007 |
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Not without substance..
Reading this article..this is only a potential case of alleged fraud..
But he has sold his home, Workcover stopped paying his weekly payments beyond its powers...
What about the " huge impact on his family"
Quote
"But on December 22, Deputy President Stephen Lieschke ruled that WorkCover had acted beyond its powers in stopping the payments. He ruled that WorkCover had "elected to disregard" procedures set out in the Act for discontinuing payments.
WorkCover will appeal against the tribunal's decision.
Mr Thompson, who has put in a separate claim for travel and medical expenses, said the judgment was a "major victory".
"This investigation has had a huge impact on my family and I have had to sell my house in Port Lincoln to pay for the legal fees," he said. " |
Posted by Reader at 9:57 AM, 7/1/2007 |
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Mr Thompson
| I have just read the decision with the Thompson case, surely the lawyer for workcover drew the short straw, how can he possibly have an argument? How can he live with himself? How can his children be proud of him? (i doubt he has children). He now knows what it is like to survive to keep a wage. |
Posted by Decision reader at 1:59 PM, 7/1/2007 |
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Something Fishy
If one does the math in the tuna farm divers case..according to the Advertiser figures.
Mr Thompson has received around $353, 122 in income and lump sum..he would probably have received around the same amount if not injured and still working given that he would have had a 20% wage drop.
Workcover, its lawyers, investigators and rehab have clocked up over $600,000.
Who has really made the financial gain?
Something fishy going on there.. |
Posted by Can do maths at 10:35 PM, 7/1/2007 |
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Comment on Advertiser article about cutting workers payments
I can not believe that the Motor association would suggest that Workers rights be cut back.
They have obviously been misled to think that Workers are all getting too many benefits on Workcover.
Surely it does not take a genius to work out that mismanagement is the underlying facto in the blowout.
What happened to making the workers partly responsible for injuries and accidents caused to workers.
Make negligent employers more responsible for their actions.
Introduce redemptions of all claims after a certain time period has elapsed. If done properly many injured workers would be far better off and the pathetic payouts of $50,000 for future income liability could be revised to give back to injured workers what they rightfully deserve.
There are many claims where injured workers have claims worth over $500000. Surely that money would have been better off paid to an injured worker as a redemption so they could get on with their lives instead of being spent on administration and legal costs and keeping Workcover employees in work.
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Posted by Reader at 9:52 AM, 10/1/2007 |
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Car Salesman
To all car salesman who are members of the MTA and all insurance brokers, did you know that your occupation is known as the most less trusted.
I am not religous but there is a prayer that describes you perfectly
Saint Michael the Archangel,
defend us in battle.
Be our protection against the wickedness and snares of the devil.
May God rebuke him, we humbly pray;
and do Thou, O Prince of the Heavenly Host -
by the Divine Power of God -
cast into hell, satan and all the evil spirits,
who roam throughout the world seeking the ruin of souls.
Amen.
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Posted by car buyer at 10:37 AM, 10/1/2007 |
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Employer self insured
| If the employers are complaining that their levies are too high and might even get higher, how that does not even get close to what the injured worker has lost. Lets abolish workcover altogether, we could claim our injury through common law and then lets see if the employers would have it easy. |
Posted by Employee at 2:07 PM, 10/1/2007 |
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Employers
If the employers are complaining that their levies are too high and might even get higher, how that does not even get close to what the injured worker has lost. Why not abolish workcover altogether then the injured worker could claim through common law. Injured workers could claim lawyers costs, get their full entitlements, their families can get compensated, they wont even be treated like criminals and save them from becoming pshychotic. If employers want to blame the injured workers for the blow out, i suggest they do their research first.
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Posted by better option at 2:21 PM, 10/1/2007 |
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Motor traders assosiation
Does your vehicle contain materials made from asbestos?There are many vehicles still in use that have asbestos containing brake pads/shoes, gaskets or clutch plates fitted. When you are performing maintenance work on your vehicle you need to be aware of the possibility of being exposed to asbestos. In most vehicles, identification of asbestos containing parts may be difficult, if not impossible. If you are unsure of whether the parts do contain asbestos you should apply the same protective measures you would apply if you were sure that the parts did contain asbestos. Asbestos containing brake pads, brake shoes and clutch plates suffer wear during use, leaving a coating of asbestos fibres and dust on them and surrounding parts. Asbestos containing cylinder head and exhaust gaskets can become friable (powdery) with heat and readily release dust and fibres when disturbed. Dry brushing any of these parts or even tapping them can release asbestos fibres into the air. Since 31 December 2003, the use of all forms of asbestos has been banned nationally (with only a few very specific exemptions). What are the risks?All types of asbestos can break into fibres so small they can only be seen with a microscope. They are often so small that once they get into the air, they remain airborne and can be inhaled into the lungs, making it difficult for the body to remove them. Asbestos is only a risk to health if asbestos fibres are released into the air and breathed in. In some people, this may lead to asbestos-related diseases. These are mainly cancers of the lungs, cancers of the chest lining (mesothelioma) and asbestosis, which is a non-cancerous condition. Generally speaking, the higher the level of exposure to asbestos, the higher the risk to health. Therefore, the aim should be to prevent any exposure at all.Health problems usually occur when people are unaware of the hazards of working with materials containing asbestos. It is important that you always work so there is minimal release of dust or small particles from the materials containing asbestos. If you use commonsense and follow safety guidelines, materials containing asbestos should not be a problem.
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Posted by scared mechanic at 7:59 PM, 10/1/2007 |
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MTA
Couls everyone please write to John Chapman from the MTA and letting him know that you are disgusted with his comments from the advetiser. his email is
JChapman@mta-sa.asn.au |
Posted by Anonymous at 9:32 AM, 12/1/2007 |
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Asbestos
| Does anybody have any information on the danger of working with asbestos with the brake systems in the older type cars. I am just wondering if the MTA have some knowledge in which they are trying to hide? |
Posted by scared mechanic at 9:39 AM, 12/1/2007 |
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welding diseases
Dangers of welding
If the proper precautions are not taken, welding can prove to be quite dangerous to one's health. During the welding process there are several fumes and gases released as the filler material and metals bond with each other. The dangers associated with welding depend on several variables such as:
The welding method (such as MIG, TIG, or stick)
What the welding rod (electrode) is made of
Filler metals and base metals (such as mild steel, stainless steel and manganese)
Paints and other coatings on the metals being welded
If the area you worked in was not properly ventilated there is a strong chance that you were exposed to Manganese fumes which can cause Manganism and Parkinson's disease. If you have been exposed and are starting to exhibit the symptoms of Parkinson's disease you may have a right to compensation.
http://weldingdiseases.com/welding_danger.php |
Posted by scared welder at 9:48 AM, 12/1/2007 |
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Asbestos
Asbestos and Dust Diseases Compensation
Turner Freeman has the largest and most experienced dust diseases practice in Australia. For over 20 years Turner Freeman has represented thousands of victims of dust disease in Australian and overseas courts.
We are continually expanding the nature of claims filed on behalf of victims suffering from asbestos disease and we have litigated numerous test cases that have established important legal precedents changing the prospects for people with dust diseases. See our case studies page for recent significant successful results. We have acted for victims who suffer from asbestos related pleural disease, asbestos related pleural plaques causing pain, asbestosis, mesothelioma, lung cancer and other asbestos related conditions.
Important victories:
The first product liability claim against an asbestos manufacturer – James Hardie & Coy Pty Limited in Australia
A succession of successful judgements and claims for workers exposed to asbestos and suffering from lung cancer
The first verdict on behalf of a child born at Wittenoom and exposed to blue asbestos dust in the township
The first verdict on behalf of a victim who was working with brake lining materials as a fitter in an engineering firm
The first verdict on behalf of a waterside worker suffering from asbestos disease
The first verdict on behalf of a victim who contracted mesothelioma from doing home renovations
The first verdict on behalf of a victim who contracted mesothelioma after just a few hours exposure to asbestos dust when her father demolished the carport when she was a child
Turner Freeman has successfully acted for clients who suffer from asbestos related disease and who currently or previously smoked cigarettes.
We represent members of the Queensland Asbestos Related Disease Support Society, the Asbestos Disease Foundation of Australia based at Granville in Sydney, the Asbestos Victims Association of South Australia based in Adelaide, the Australian Manufacturing Workers’ Union in NSW, the Electrical Trades Union of Australia in NSW, the Maritime Union of Australia in NSW and the Australian Manufacturing Workers’ Union in South Australia.
Adelaide
Level 3
60 Waymouth Street
Adelaide SA 5000
Phone: (08) 8213 1000
Fax: (08) 8213 1049
Toll Free: 1800 002 066
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Posted by Turner Freeman at 9:13 AM, 13/1/2007 |
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Asbestos user
| When i was a sheetmetal apprentice 20 years ago, we used to use Asbestos by wetting it and using it to cool our welding, this was a common practise. I now have a great fear i am going to get this asbestos disease and now have anxiety and panick attacks. Does anybody know if i can claim for this fear condition i now have? |
Posted by Asbestos at 8:59 AM, 16/1/2007 |
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Vocational Rehabilitation Services
Here is Call for Applications for Vocational Rehabilitation services for WorkCover SA. From “The Advertiser” 16th January 2007
This is very important as injured workers and stakeholders; we believe we should be allowed to make recommendations on the rehabilitations companies that we have been appointed to. These recommendations can be positive or negative in any way you believe you have been treated. We can make these recommendations directly to Rosanna Conti (08) 8233 2927 or email vocationalrehabilitation@workcover.com or by leaving your comments on this site.
Vocational Rehabilitation Services
- WorkCover SA
WorkCover SA has a strong commitment to improve services and outcomes in South Australia for injured workers, employers and the community.
WorkCover is committed to providing regular opportunities for eligible organisations to obtain a vocational rehabilitation service provider agreement and as such applications are now open. Existing service providers can also apply for additional services through this process.
Applications are to be assessed against WorkCover’s selection criteria and standards to ensure that accredited service providers can deliver quality services and effectively achieve return to work outcomes.
An application package can be downloaded from www.workcover.com
Applications close 2.00pm CSST, 31 January 2007.
Enquiries to Rosanna Conti (08) 8233 2927 or email vocationalrehabilitation@workcover.com
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Posted by Stakeholder at 11:52 AM, 16/1/2007 |
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Rehabilitation and vocational
| My experiences with the company i used to have (De Poi consultancy) was their only objective was to to get you to work so they can reduce my wage, fortunately i am now off the system and found genuine support from a church group who treated me like a human being and not a file, i can now thank my church group from taking my life. |
Posted by Still injured at 6:33 PM, 16/1/2007 |
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Rehab
I also had De Poi to do an independant employment targeting report, it contained 56 pages with 5 employment targets. Not one was suitable nor did they take any notice of the Doctors reports. I had to do another one a year later and it was exactly the same, i suggest they photo copied the first one. what a waste of money.
PS: I |
Posted by Injured worker at 9:56 AM, 17/1/2007 |
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Death of a professer of pshychiatrist
I have heard a professer of psychiatry died in adelaide last week was work related, please for the family to accept condolences to his family from all injured workers in south australia.
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Posted by Condolences at 4:54 PM, 22/1/2007 |
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important email address
Professor McFarlane is a recognised international expert in the field of post traumatic stress disorder. He is the recipient of the Robert Laufer Award for outstanding scientific achievement in the study of the effects of traumatic stress. He has published over 160 articles in various refereed journals and has co-edited three books.
Apart from his interest in post traumatic stress disorder in relation to disaster victims, military personnel and other civilian accidents, he has broadened the relevance of this knowledge to the area of those suffering severe mental illness. His research has focused on the epidemiology and longitudinal course of PTSD as well as the neuroimaging of the cognitive deficits in this disorder.
He has appeared on radio and television, including the Four Corners, Quantum and Catalyst programs to discuss matters relating to post traumatic stress disorder.
alexander.mcfarlane@adelaide.edu.au
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Posted by concerned worker at 7:55 PM, 22/1/2007 |
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More police on Workcover
| I am a police officer who is on workcover, i was told there was a report of some kind stating that the police force is recently experiencing more offices on workcover. Has anybody any information on this report? |
Posted by Injured police officer at 8:34 AM, 23/1/2007 |
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Previous disputes and judgements
If you think you may have a dispute, this site is very handy on how judgements are made, they are previous tribunal hearings and their judgements. It also gives a good indication on which Doctors workcover tend to use to seek reports.
http://www.industrialcourt.sa.gov.au/files/wct_index.pdf |
Posted by Very Handy at 11:22 AM, 26/1/2007 |
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Asbestos
Slater & Gordon has the largest asbestos law practice in Australia. For more than 25 years our asbestos lawyers have seen at close hand the atrocious human cost of asbestos-related disease and the progress of an epidemic which shows every sign of escalating.
Asbestos has caused the death and suffering of thousands of Australians. The terminal cancer, mesothelioma, occurs solely through exposure to asbestos. Other asbestos-related diseases include lung cancer, asbestosis and pleural plaques.
Moreover, the lengthy time between asbestos exposure and the first appearance of disease symptoms means that the personal toll is expected to continue growing for many years.
The right to claim damages for asbestos-related diseases has largely been established as a result of landmark cases fought and won by Slater & Gordon that have redefined the compensation benefits paid to victims of asbestos exposure and their families.
Contact can be made by calling Tim Downie at this site.
http://www.slatergordon.com.au/ourpeople/timdownie.htm |
Posted by Slater and Gordon at 11:29 AM, 26/1/2007 |
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Workcover site
On the workcover website there is a section called "Read some real life stories of the benefit of returning to work"
I can not seem to find a section anywhere where you can "Read some real life stories of the torture of being stuck on the system". Let me know if anybody can find it?
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Posted by Trapped at 2:16 PM, 28/1/2007 |
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Workcover site
| The workcover site should have just one word on its home page "WOOPS" |
Posted by tell me something new at 4:43 PM, 30/1/2007 |
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WOOPS
Workcovers
Official
Operational
Public
Stuff up |
Posted by tel me something new at 4:46 PM, 30/1/2007 |
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tramline extension
I have signed a petition for the no tram extension, and have put the reply from the organiser on this site for us to send an email to. can you please write to this email notrams@gmail.com and comment saying an ADAMANT NO to the proposed tram line extension.
I will give him this blog sit hoping we get support from his organisation as well.
Dear concerned, fellow South Australians.
Thank you again for expressing your strong opposition the proposed tram line extension from Victoria Square to nowhere.
Just over a week has now passed since I set up the email address notrams@gmail.com
Thanks to your participation the numbers of responses saying an ADAMANT NO to the proposed tram line extension is steadily growing!
The Government are still insisting in the media that the tram line extension to nowhere will be extended to somewhere. Where are these plans Mr Premier? Being hatched under a brooding hen?
Many of you have elected to strongly state your views that the government should be spending the tram line extension millions in other areas such as public and mental health and or resolving the water supply crisis.
I will be away in the bush for a week of surveying and will on my return be planning our next step.
Could you in the mean time please rattle your friends in your email address book again. As many who are well meaning to respond have been too busy to get around to making their protest email to notrams@gmail.com
Richard Abbott
--
Richard Abbott
* A concerned citizen, simply mounting a united protest voice to the Government for no tram line extension or removal of trees.
* A consulting land surveyor.
* Resident of the City of Adelaide for nearly 22 years. |
Posted by Help each other at 7:59 AM, 31/1/2007 |
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Major ache
There seems to be a major tooth ache in Way(mouth) street of late, could it possibly be coming from the workcover building?
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Posted by Call the doctor of spin in at 11:57 AM, 31/1/2007 |
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What to do if the agent has not paid you.
Some injured workers may not be aware of what to do if
1) They have not received their travel reimbursements.
2) Workcover have not paid them their weekly entitlements.
The following is a guide only and gives an outline of the process that could be taken. It should not be take as legal advice.
1) If you have not received a payment for travel, medical expenses or wages there must have elapsed a period of 14 days since the matter was first put before a decision maker( case manager etc)
ie if you put in a travel claim and send it to your case manager. You must wait 14 days after they would likely have received it before you can lodge a notice of dispute. ( many claims agents take well over 14 days for reimbursements). Once 14 days + has elapsed simply lodge a notice of dispute outling the matters in dispute.
ie " workcovers decision not to reimburse for travel expenses incurred between 1/07/06 to 1/12/06."
It does not cost anything to lodge a notice of dispute.
You will have a later opportunity to provide the exact details at conciliation.
The above is reinforced by section (3) below.
Part 6B—Special jurisdiction to expedite decisions
97—Special jurisdiction
(1) A worker or employer who believes there has been undue delay in deciding a claim or other matter affecting the worker or employer may apply to the Tribunal, in the manner and form prescribed by regulation, for expedited determination of the matter.
(2) However, an application cannot be made for expedited determination of—
(a) a question about the redemption of a liability1; and
(b) a matter of a class excluded by regulation from the ambit of this section.
(3) An application for expedited determination of a matter cannot be made until at least 14 days after the day the matter was placed before the decision-maker whose decision is required.
Note—
1 See section 42.
The process then takes its course in the Tribunal. ( this could take some months) where the matters will be heard before a conciliation officer etc.
Most times filing a notice of dispute is enough to jerk the claims agents into action.
Once a decision has been made the amount of money due has to be determined.Make sure this request is made at the review process that the officer overseeing the matter determines an amount that is payable. Ie $1400.00 etc.
With this decision it must be certified by the Tribunal with an apporpriate stamp.
Once you have this certificate you can then lodge an enforcement warrant in the district court. THis warrant when issued allows you to instruct the Sherriff to collect the money or make Workcover make pay the money.
Hope this clears up the situation for some..
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Posted by reader at 1:12 PM, 31/1/2007 |
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How does it work??
I am interested to know the principles of how the Workcover system actually works?
A worker gets injured at work through no fault of his own.
He ends up on Workcover.
What I am interested to know is then
How Workcover develops any sort of working relationship with the injured worker to get them workers back into work or into society. How does it help them get back to work.
How does it restore them or compensate them for their loss?
Minister Wright or Bruce or anyone...perhaps you can clarify...
How does an organisation battle it out with injured workers in the courts one day to reduce their wages and their entitlements and then turn around and make out its all sweet again and offer them incentives to return to work and try and rehabilitate them.
The worker has by then lost all faith in the system and what happens if rehab is not then working?
Sure as eggs if at first workcover do not succeed they try again and the court process starts again to try and reduce their wages..if they fail ..rehabilitation kicks in again..if rehab does not work...back on the roundabout ..back in the courts...
There can be no merit in a system that spends thousands in court to try and take away a workers entitlements one day and then spends thousands to try and rehabilitate them the next...
Its obviously not currently a workable system...
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Posted by Concerned at 8:45 AM, 1/2/2007 |
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A J Kerin
| I would like to thank Mr A J Kerin, (Johnston Withers Lawyers) SA President, Australian Lawyers alliance, Adelaide for his comments in "The Advertisers" opinions section on thursday supporting the injured workers in protecting our entitlements. Mr Kerin has represented me in my workcover matters and i found him genuine and ethical and i highly recommend him. |
Posted by Injured worker at 9:01 AM, 1/2/2007 |
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A J Kerin
Anthony Kerin can be emailed at
mail@johnstonwithers.com.au
or directly
Anthony.Kerin@johnstonwithers.com.au
Can i suggest an appreciation thankyou email from our readers.
Please note, i have no affiliation with his company and this is just pure sign of appreciation. |
Posted by Injured worker at 3:17 PM, 1/2/2007 |
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Putting WorkCover back in the black -this is the impossible dream
Putting WorkCover back in the black
THE State Government has no option but to examine ways of reducing benefits to injured workers in a bid to cut WorkCover's $700 million unfunded liabilities.
It is, of course, imperative that South Australian workers have adequate protection against work-related illness or injury.
But the continued blowout of WorkCover's long-term liabilities is untenable, unacceptable and unsustainable.
Ultimately, if the debt is allowed to spiral above $1 billion, there is a danger SA's AAA international credit rating must come under scrutiny.
Equally, the current levies paid by employers are among the highest in Australia, creating a business disincentive for investment in the state.
While unions will oppose any erosion of WorkCover benefits, it is not unreasonable to bring SA's employer levies and employee benefits into line with comparable schemes interstate.
Perhaps the most important reform would be to reduce the number of long-term claims and encourage injured workers to rejoin the workforce as quickly as possible.
Workcover chief executive officer Julia Davison told The Advertiser: "Our levy rate is one of the highest in the country at 3 per cent and our return to work rates are one of the lowest."
In the WorkCover annual report, chairman Bruce Carter says the growth in the number and duration of long-term claims has been a major driver in increasing costs and rising liabilities.
These are warnings the Government cannot afford to ignore.
* Responsibility for all editorial comment is taken by The Editor, Melvin Mansell, 31 Waymouth St, Adelaide, SA 5000
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Posted by Only RED at 1:43 PM, 3/2/2007 |
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Independence needed.
I have written to Workcover a number of times complaining about problems I have had with the management of my claim.
I seem to always get these responses that mean nothing or that avoid the actual question I asked to be answered..some to the Minister never really seem to get a proper response either. I thought about this really hard and came up with an answer as to why this is so..
How can employees of Workcover actually answer correspondence in a away which admits the truth and admits Workcover employees have done the wrong thing when their salary depends on them answering in a way which covers up the truth.
The same goes for all employees. Why would an employee disclose documents to an FOI officer which are damaging to the corporation when their salary is dependent on them not disclosing documents which would damage the corporations reputation or expose some wrongdoing?
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Posted by Salary dependent at 8:47 PM, 4/3/2007 |
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section 43
| I read somewhere that using the American Medical Association guidelines for percantage for permanant disabilities was known to be wrong, can anybody shed any light on this please. |
Posted by worker at 2:15 PM, 5/3/2007 |
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107B files
| I have just applied for my 107B file, can every worker who has not applied for theres in the last three months please apply for their file as soon as possible. |
Posted by EML at 9:54 AM, 6/3/2007 |
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107B and FOI
Do not forget that once you have had your 107 B documents provided. Be sure to ask for all of your files and records that are held by other providers..
Ie your lawyers files, the investigators files etc.
if they have withheld documents on the basis that they form a part of an investigation request them under FOI.
They then have to prove that supplying you with those documents will prejudice their investigations of you..
A very hard task once you know that they are in fact investigating you..
There is plenty of reading material in the ombudsmans reports about these problems with Workcover and their solicitors. |
Posted by EML at 12:03 PM, 6/3/2007 |
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Rosemary
| Has any body heard from Rosemary lately, Just wondering if another forum has been organised? |
Posted by concerned at 3:03 PM, 6/3/2007 |
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Return to Work too early
| A friend of mine was made to return to work too early, he had quite a sever back problem and was found a job as a gas meter reader. Unfortunately nobody cared to listen to his issues and subsequently took his own life. I know of another case which is about to be revealed where a driver who had a disability caused an accident and someone lost their life through his disability. Case Managers and Workcover should think very carefully on some desicions they are making |
Posted by Anonymous at 8:34 PM, 7/3/2007 |
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AMA guidelines
please read this link
http://www.bordermail.com.au/news/bm/local/674421.html
Albury legal firm Belbridge Hague represented Mr Taylor, who was involved in a truck accident near Benalla in 1997 and suffered an injury to his neck and left big toe. They have contended that the AMA guidelines is incorrect and won. There email is mail@bhlaw.com.au
If you want more information |
Posted by Reader at 8:49 PM, 7/3/2007 |
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Rosemary
I am most regretful in regard to my tardiness in keeping all of you up to date with Rosemary.
Rosemary was admitted to hospital and remained there quite ill for several days until released yesterday.
Now she is resting at home under very strict doctors orders.
She tells me that she plans to return to work on or around the 19th March just for a few hours each day until her strength has returned fully.
Whilst I am aware of the details regarding her hospitalization, I am not at liberty to say.
Suffice to say we all could have lost her.
Rosemary is reading her e-mails, so please feel free to send your best wishes to her at wirc@bold.net.au
Again I do humbly apologize for my tardiness.
Though I am sure that you will understand my time was required else where for the past few days.
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Posted by Charles at 4:38 PM, 8/3/2007 |
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EML
| So much for Dr Cross reporting that EML are taking a wholistic approach to injured workers. I wonder when thats going to start. Maybe workcover need to remind them. |
Posted by Daryl at 7:33 PM, 8/3/2007 |
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Letter of the law
Can any injured worker ask there lawyers or the tribunal if
a) A lawyer in a court of law when questioning is not allowed to lead a witness on into giving the answer in which that lawyer wants, so why can case managers do it when seeking reports from injured workers Doctors?
b) When case managers forward injured workers reports to independant Doctors to seek independant opinions, how therefor could this become an independant opinion when these independant Doctors have such information?
These two questions should be asked when next at the tribunal or at an appeal stage.
Has anyone have any comments on these two issues? |
Posted by Seeker at 7:41 AM, 9/3/2007 |
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Letter of the Law
| Thanks for the above feedback, why does workcover seems to think they are untouchable? I wonder if these questions have ever been asked at the tribunal? more feedback would be appreciated. |
Posted by Thanks at 10:55 AM, 9/3/2007 |
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Letter of the law
Again my understanding is that WorkCover is not forced to do the right thing simply because no one challeneges them in open Court.
My understanding is that there is nothing to prevent an injured worker seeking an enforcement order from a District Court. It seems that while a ruling may come down in your favor in the Industrial Court, they are not able to enforce WorkCover to comply.
By seeking an enforcement order in the District Court you would in fact be seeking one Court to enforce the orders written up in another Court. Even just listing the action would generate a great deal of flurry within WorkCover.
If you have read the Stanley Report '02 it was recommended that a WorkCover Ombudsman be put in place.
That did not happen and now will not happen.
To do so would open a flood of complaints that would have no equal.
The Minister does not want that to happen, so there will be no WorkCover Ombudsman.
The only constant voice we as injured workers have is this blog site. Not really as good as am Ombudsman in that we are not able to get rulings or agreements put in place, but better in other ways, as this is out there for all the world to read.
There is nothing like hanging out all the dirty washing for everyone to see.
If you have not read the Stanley Report, most likely it is on line or could be obtained via your library.
I hope I have been of help.
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Posted by My understanding is at 12:45 PM, 9/3/2007 |
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Verballing witnesses
It is well known that there has been a continuing practice of Workcover employees, case managers etc (including investigators) meeting with doctors and others and informing them of workcovers perception of the situation.
While this is inappropriate to a lay person..workcover will argue that if an injured worker objects or if incorrect information is provided that this is a matter that needs to be aired in court if evidence is heard..
The real situation is this..
Doctors should not meet with Workcover or its employees etc unless the injured worker is present.
If workcover insist they wish to meet in the absence of the worker and discuss video etc then accurate records need to be kept by the doctor of the meeting and that the doctor should then meet with the injured worker to discuss and verify that any information that has been provided is correct before writing any reports.( this is always overlooked by Workcover quacks who do not verify any information before writing a report).
In many cases doctors and case managers have met...no records of the meetings have been kept.
Investigators met with my doctors and gave them a heap of misleading information. Workcovers quacks took no steps to verify the information with me..The misleading information is now on the record and Workcover investigators kept little or no records of the conversations they had nor did the doctors..
One must question how reports can be written when there is so much misinformation and a lack of evidence upon which the resulting reports is written..yet the only forum to have it aired is a court or tribunal and the evidence itself may not be relavant to any points..however Workcover will have ultimately used the reports and information to build a case and to influence other doctors and specialists and persons with the inaccurate reports.
The only remedy is to complain to the Ceo of workcover, The ombudsman and your members of parliament about the actions time and time again..
They will one day have to hold workcover to account for their actions and stop the rot... |
Posted by Reader at 10:55 AM, 10/3/2007 |
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Forms Letters and the such
My understanding is that at no time is it a legal requirement on the WorkCover claim for the injured worker to actually sign the medical release box. It is also my understanding that at any time the authority can be withdrawn by the injured worker.
It is also my understanding that an injured worker can write their own medical authoirty or get one from Rosemary.
It is also my understanding that signing any RTW is simply accepting that you as an injured worker have read it.
It is not a legally binding document, but as with everything else it is subject to lodgment of Notice of Dispute should the RTW not be in the best interest of the injured worker.
It is also my understanding that all RTW's are to be written only in the presence of the injured worker, and that refusal to even read a pr-written RTW can not be held against the injured worker under sec 36.
It is my understanding that all injured workers are entitled to have a "support" person with them at all appointments. And that all non-treating "specialists" hate having some one else in the room so as they can not bully the injured worker.
It is also my understanding that appointments can be made to suit the time fram of the "support" person.
It is my understanding that all comunication can be requested to be in writing, with the only exception being emergency communication.
It is also my understanding that you can request and get copies of all communications sent to the "support" worker as well.
It is my understanding that people who mention Rosemary's name get better acceptance within the WorkCover system via EML.
My understanding comes from being a member of Work Injured Resource Connection and long time support of Rosemary.
I have seen her move a case manager to tears by her soft simple manner and the way she never bullies threatens or uses tactis to intimidate any one.
I have stood alongside of her in the reception of WorkCover and seen her speak with senior managers of WorkCover who are hell bent on destroying her as though they are her long lost friend.
Rosemary is my support person.
It is my understanding that she is also everyone's support person.
Even in her illness, she has answered my e-mails with the same care and concern as she always has.
My understanding is that Rosemary needs to know we all miss her and support her as she regains her strength.
My understanding is that she is going to need our support as WorkCover unravels in front of all of us.
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Posted by My understanding is at 7:02 PM, 10/3/2007 |
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I can't sleep
I go to bed, I am so tired, my pain levels are under control. I settle down and for a few mintues it really feels like I am drifting to sleep.
Semi-asleep is all I can manage.
I can stay in bed only for a short time.
I get up.
I read.
I get up and have toast.
I read.
I get up and more toast and a cup of tea.
I read.
I try to go back to bed.
But this time it is the spare bed.
I don't want to wake my partner.
Again I return to semi-sleep.
I can not sleep.
The house is quiet. I am awake.
The doctors want to give me sleeping tablets on top of everything else I am taking.
It is Sunday morning, there is no reason for any one to be awake.
I used to sleep in before my accident.
Now I can't sleep.
I just want to sleep.
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Posted by Sleepless at 8:27 AM, 11/3/2007 |
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Sleepless
| sleepless and wanting to sleep is a sign of depression whether you are not sleeping because of your pain, your lack of sleep will cause depresssion. Depression is the second most common disease in this developed world next to cancer. If workcover can rid of this tourtous disease of depression in which they think they can, why havent they been nominated for a prestigous award like a noble peace prize. I am so sorry to say, but seek help other from workcover, try and find a social worker or even a priest who do know how to understand. |
Posted by Depressed at 11:23 AM, 11/3/2007 | | | |