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Another aspect of the
new Act is the introduction of Work Capacity Assessments (Wax) for all workers
compensation claimants. While the
initial focus will be on new claimants, it is anticipated that within 2
years of this new Legislation, all
injured workers whose injury occurred before and after
the 2012 Act was passed, will be have undertaken a Work Capacity Assessment.
Work Capacity Assessments as defined in S44A of the new legislation, are not a single event or test, but a continual process of assessment, reassessment and information gathering throughout the life of a claim. The Wax will take into account medical evidence, vocational retraining and other material specified in WorkCover Guidelines. The Wax will be used to customise the return to work (RTW) plan and ensure workers who have a capacity to work can be matched to suitable employment.
Reference: yourhrmanager website 2013
Work capacity decisions (S43) may relate to:
The Workers Compensation Commission has no jurisdiction to determine a dispute about a work capacity decision.
A worker may refer a work capacity decision for review according to the following hierarchy:
Any disputes related to liability for weekly benefits or medical disputes are NOT work capacity decisions and will still be heard in the WCC.
The WorkCover Independent Review Officer (WIRO)
Functions associated with the WIRO office commenced from 1 October 2012. Kim Garling, who reports to the Minister and parliament, has been appointed to head the WIRO office.
The WIRO has five main functions:
Reference: QBE website 2013