A work capacity decision is made by an insurer and determines the number of hours per week that you are fit to work given your injury. I always felt that he was being straightforward, honest and realistic with me, although in the end he negotiated a better outcome than I had ever expected at the outset. The insurer’s description of the nature of the decision contained in the notice; 2. 5 things you need to know. Sabayanagam has clarified what is and isn't a work capacity decision. A medical examination portion of the test evaluates details of a worker's impairment while a job analysis determines the physical demands of the worker's job position. This literally has changed my life.Matt and Renee at Garling and Co were always available for advice and help, they provided clear and timely advice, explaining everything for me. If the worker is not satisfied with the outcome of the insurer’s internal review, or if the review is not completed within 30 days, the worker may lodge a Work Capacity –Application to Merit Review Authority form. What is suitable employment? Matthew Garling was not only professional, but a real people person. You all worked with passion and empathy, yielding the mightiest army that marched forward, battling on behalf of my family and I. We worked with the team at Garling & Co for almost 6 years on a compensation claim for our daughter. A work capacity evaluation tests an injured worker in the areas of strength, endurance, speed, flexibility, and physical effort. We specialise in helping people like you claim the worker’s compensation they deserve. In any other case, the required period of notice (proposed under s 80 in place of s 54) is: They exceeded our expectations and we highly recommend their team and would not hesitate in using their services again in the future. An insurer can otherwise conduct a work capacity assessment of a worker at any time. Thank you Matthew (The Man) Garling and the lovely Allison. Please contact [email protected]. He always explained things in simple, understandable terms, as legal issues can be complicated and complex. If a worker refuses to attend an assessment or fails to properly participate in the assessment process the worker’s rights to weekly payments may be suspended. A work capacity decision can be reviewed as followed: A worker may request an internal review of a work capacity decision by the insurer after receiving that decision, the worker must give a completed Work Capacity – Application for Internal Review by Insurer form to the insurer specifying the grounds on which the review is being sought with any information on why you disagree with the decision and including medical information. Understand your entitlements and how to make a compensation claim. IME assessments arranged for a date after the WCD, have been interpreted by WIRO as meaning that a decision was made before the assessment was complete, thereby invalidating the WCD. The better advice is to allow 3 months plus 1 week from the date of the WCD until it takes effect. They were always available to answer our queries or concerns and made the entire, lengthy process as stress-free as possible. A decision of this nature might be characterised as a ‘work capacity decision’ falling within s 43(1)(f) because if the scope of the powers conferred on the insurer is to make an assessment of ‘current work capacity’ and ‘no current work capacity’ then arguably the scope extends to a finding that a worker is fit for pre-injury employment. A Work Capacity Decision can be made at any time throughout the life of the claim but will usually be made at or prior to the worker being in receipt of weekly compensation for a period of 130 weeks (2.5 years). He won my case and I was very pleased with the outcome. Mall JD, Patrick Simasko JD, Howard H. Collens JD & John Daniel Jackman Jr., MD (2016) The Lichtenberg Financial Decision Screening Scale (LFDSS): A new tool for assessing financial decision making capacity and preventing financial exploitation, … Notification of a work capacity decision The insurer must notify the worker in writing of the work capacity decision if it will result in a reduction or discontinuation of a worker’s weekly income replacements. Work Capacity Assessment or decision notice, we would invite you to contact our office on (02) 8595 1295 as soon as possible for advice and assistance, noting that the worker only has 30 days to request a review of the insurer’s decision. The next generation search tool for finding the right lawyer for you. I am so grateful to Matthew and his team for how they handled and helped to finalise my claim. Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. Does your Superannuation policy entitle you to be paid out for Total and Permanent Disablement? We are recognised for delivering the best possible results for our clients in the shortest reasonable timeframe. 25 of 2013] it was said that there was no obligation on the worker, in seeking procedural review, to identify specific grounds for review. The required period of notice for a decision made on the basis of any reassessment by the insurer of the entitlement to weekly payments of compensation resulting from a work capacity decision of the insurer is three months. An application for review of a Work Capacity Decision must be made in the form approved by the Authority and specify the grounds on which the review is sought. Many WIRO decisions have concentrated on the following key issues: The need to allow 4 days (on top of the 3 month notice period before a WCD can take effect) for postal delivery is critical.

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