WorkCover Changes Queensland – as from October 2013 with commentary

WorkCover Changes Queensland – as from October 2013 – Edited for Psychiatrists

These changes are effective from 15  October 2013 and arose from some of the recommendations of the Parliamentary Inquiry into Inquiry into the Operation of Queensland’s Workers’ Compensation Scheme:

The introduction of a threshold of greater than 5% degree of permanent impairment (DPI) to access common law damages. This applies to injuries from 15 October 2013. For injuries that occur over a period of time, the date of injury is considered to be the date of initial health practitioner consultation for the injury.

Prior to these legislative changes  there was no threshold.

• The method for assessing permanent impairment and calculating statutory lump sum compensation has changed from work related impairment (WRI) to degree of permanent impairment (DPI). This change applies to claims with a date of injury from 15 October 2013. For injuries sustained prior to 15 October 2013, they will still be assessed using the Table of Injuries and AMA4 and these workers will still receive an offer of lump sum compensation based on their DPI.

• For workers injured from 15 October 2013, their injuries will be assessed using the new Guide to the Evaluation of Permanent Impairment (GEPI) (which references AMA5 and has not yet been published). Workers will receive an offer of lump sum compensation based on their DPI. Physical injuries are combined to calculate the DPI, however psychiatric injuries cannot be combined with physical injuries.

WorkCover Qld are working with the Office of Fair and Safe Work Queensland (OFSWQ) – the Regulator – to develop training for doctors on the new Guide and updating Notice of Assessment forms. The Regulator will publish the GEPI in the Queensland Government Gazette.

These changes are effective from 29 October 2013:

• Employment to be ‘the major significant contributing factor’ for psychological or psychiatric claims.

For physical injuries the definition remains unchanged stating ‘Employment to be ‘a major significant contributing factor’ for psychological or psychiatric claims’. Note the term ‘ the major significant contributing factor’, this is a much mpre stringemt test than a major significant contributing factor.

The committee recommendation was: The Committee recommends that the current definition of injury be retained in its current form with the exception of psychological injuries which are addressed separately in section 4.4.

• Employers can request a prospective worker to provide them with information about pre-existing injuries or medical conditions.

Disclosure of pre-existing conditions applies to ‘employment processes’ from 29 October 2013. An employer may ask a prospective worker in writing about pre-existing injuries or medical conditions. The request must be accompanied by specific information about the future duties and the implications if the worker fails to properly disclose their conditions. A worker may not be entitled to compensation or damages if they have knowingly made a false or misleading disclosure about an injury or condition and they suffer an aggravation of that injury or condition.

This provision is going to make it more difficult for people with any mental health problems to gain employment.

 Bear in mind the reasons for these legislative changes:

  The objectives of the Act are:

1. To implement the Queensland Government’s response to the Finance and Administration Parliamentary

Committee’s report on its inquiry into the operation of Queensland’s workers’ compensation scheme.

2. To make changes to the basis for assessment of impairment and to align the method between the statutory and common law provisions of the scheme.