Work Capacity Assessments
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:
- Current Work Capacity;
- What constitutes suitable employment;
- The amount a worker can earn in suitable
employment
- The amount of a worker’s pre injury average
weekly earnings or current weekly earnings;
- Whether a worker can engage in suitable
employment without increasing risk of re injury or
- Any decision affecting a worker’s
entitlement to weekly benefits
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:
- An internal review by the insurer
- A merit review by WorkCover
- A process review by the WorkCover
Independent Review Officer (WIRO)
- A Supreme Court – Judicial review
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:
- To consider complaints about insurers
- To conduct procedural reviews of disputed
work capacity decisions
- To resolve disputes between employers and
insurers
- To review matters in the scheme of concern /
interest
- To implement a
new free legal service for workers (ILARS)
Reference: QBE website 2013
