Workers Compensation Claim Process

Summary

The applicant joined St George Bank in 2005, which later merged with Westpac. After the merger, the applicant faced interpersonal issues, leading to psychological injury and a denied workers compensation claim. The applicant sought compensation through the Personal Injury Commission. Initial proceedings were unresolved, leading to further hearings. A Medical Assessor evaluated the applicants impairment at 8%, which was confirmed on appeal. The case continued to address remaining issues in a conciliation and arbitration hearing.

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Original Paragraph *:
*. Following the merger between St George Bank and the respondent, the applicant experienced perceived interpersonal difficulties with colleagues leading him to develop a psychological injury. He made a claim for workers compensation benefits on the respondent which was ultimately declined.
Layman Explanation:
*. After St George Bank merged with Westpac, the applicant had trouble getting along with colleagues, which caused him psychological harm. He filed for workers' compensation benefits from Westpac, but his claim was denied.
Original Paragraph *:
*. The applicant commenced proceedings in the Personal Injury Commission (Commission) on * February * seeking weekly compensation, medical expenses and lump sum compensation.
Layman Explanation:
*. On * February *, the applicant took his case to the Personal Injury Commission, asking for weekly payments, medical expense coverage, and a lump sum payment.
Original Paragraph *:
*. The matter initially came before Member Garner for preliminary conference on or about * March *. The matter was unable to be resolved and was listed for conciliation conference and arbitration hearing on * April * for determination of a liability dispute with respect to injury and a defence under s 11A of the Workers Compensation Act * (the * Act), the extent and quantification of the applicant’s entitlement to weekly compensation and medical expenses and the extent and quantification of the applicant’s entitlement to lump sum compensation in accordance with s * of the * Act in respect of psychological injury.
Layman Explanation:
*. The case first came to Member Garner around * March * for a preliminary meeting. It wasn't resolved, so it was scheduled for a conciliation conference and arbitration hearing on * April * to decide on the injury liability, weekly compensation, medical expenses, and lump sum payment for the psychological injury under the Workers Compensation Act.
Original Paragraph *:
*. On * April *, Member Garner issued a certificate of determination – consent orders, referring the matter to the President for referral to a Medical Assessor for assessment of whole person impairment. Implicit in the referral, and conceded in the course of the arbitration hearing before me, the injury dispute and defence under s 11A of the * Act were not maintained by the respondent. The balance of the issues in dispute were adjourned to a date to be fixed following the assessment by the Medical Assessor.
Layman Explanation:
*. On * April *, Member Garner issued a decision, sending the case to the President to be reviewed by a Medical Assessor for overall impairment evaluation. The respondent dropped the injury dispute and defence under section 11A of the Workers Compensation Act. The remaining issues were postponed until after the medical assessment.
Original Paragraph *:
*. The applicant was assessed by Medical Assessor Yu-Tang Shen on * August * and a Medical Assessment Certificate (MAC) was issued dated * August * assessing the applicant’s whole person impairment at *%.
Layman Explanation:
*. On * August *, Medical Assessor Yu-Tang Shen evaluated the applicant and issued a Medical Assessment Certificate on * August *, rating the applicant's overall impairment at *%.
Original Paragraph *:
*. The MAC of Medical Assessor Yu-Tang Shen was the subject of an appeal to a medical appeal panel and was confirmed on appeal (Hurley v Westpac Banking Corporation [*] NSWPICMP *).
Layman Explanation:
*. The Medical Assessment Certificate by Yu-Tang Shen was appealed, but the medical appeal panel confirmed the assessment (Hurley v Westpac Banking Corporation [*] NSWPICMP *).
Original Paragraph *:
*. The matter came before me on * May * for conciliation and arbitration hearing with respect to the remaining issues in dispute.
Layman Explanation:
*. On * May *, the case was brought before me for a conciliation and arbitration hearing to address the remaining disputed issues.