WorkCover 2011 Special Report - The Year of Uncertainty, Out of the Spotlight or Rabbit Stew?

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In March and again in May, John reflected upon a range of issues that were likely to impact upon the WorkCover scheme in South Australia.

The issue of the legitimacy of the medical panel and its ability to bind the Workers Compensation Tribunal was highlighted because of the significance of the expected Supreme Court decision in the matters of Campbell and Yaghoubi. Also of significance was the expected decision in the matter of Davey, the impact of which would bear heavily upon the manner in which determinations of work capacity are made. John referred to the review of the 2008 WorkCover reforms undertaken by Bill Cossey and Chris Latham and he postulated that, “it seems doubtful that the review will support a view that the scheme has demonstrated a sustained financial turnaround”.

We now know the outcome of the Campbell, Yaghoubi and Davey decisions and the “Cossey Review” has been released. It is fair to say that an assessment of each provokes more questions than answers and promotes the validity of John's assessment that, so far as WorkCover is concerned, 2011 will continue to be a year of uncertainty.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Michael Walsh | Attorney Advertising

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