Q-COMP

The Workers' Compensation and Rehabilitation Act 2003 was amended in 2004 to allow for the introduction of another appeals body. This effectively means that appeals can be heard by either an Industrial Magistrate or the Queensland Industrial Relations Commission. The change supports the objects of Chapter 13 of the Act and provides an alternative for claimants where conciliation, arbitration and mediation processes are desirable for resolving an appeal.

Key features introduced in 2005 include:

• amendment of the definition of 'rehabilitation' and 'rehabilitation and return to work co-ordinator'
• a greater obligation on employers to take all reasonable steps to assist or provide rehabilitation and suitable duties to injured workers
• provisions entitling a totally incapacitated worker to a higher compensation rate for a longer period of time
• provisions increasing the maximum amount of compensation payable and increasing the additional lump sum payable for certain workers.

Amendments were introduced in 2006 for further protection for injured workers, including an obligation on employers not to dismiss a worker solely or mainly because they are not fit for employment in their pre-accident role due to their injury. Provisions were also implemented to reaffirm the independent and non-adversarial nature of the Medical Asssment Tribunal (MAT) proceedings by clarifying that an insurer, employer or any other person, other than the worker or their representative, has no entitlement to be present or heard before the MAT. In addition the amendments give all parties an opportunity to comment on written material submitted to a MAT before it is considered at the hearing. This ensures that all of the parties are afforded natural justice.

A major new provision was introduced in 2007 giving insurers 20 business days to make a decision on an application for compensation. This provision applies to applications for compensation made after 1 January 2008. Insurers previously had 60 business days to decide a psychiatric or psychological claim and 40 business days to decide a physical claim.

In 2008 changes to criteria for becoming a rehabilitation and return to work coordinator were introduced. Obligations on certain employers to appoint rehabilitation and return to work coordinators and implement workplace rehabilitation policy and procedures were also established.

The Act was also amended to introduce a new benefit for dependants of a worker who has a latent onset injury that is a terminal condition. Dependants are now entitled to a payment of 15% of the maximum death benefit and 2% of the maximum death benefit for reasonable funeral expenses.

From 1 December 2008, certain approved forms may be lodged with an insurer or Q-COMP by telephone or another acceptable method, including:

• application for a WorkCover accident insurance policy
• application for compensation
• employer's report
• application for review.