The Personal Injury Commission (PIC) will come into effect from 1 March 2021.
What this means is there will be no more Workers Compensation Commission and the disputes in the DRS (for CTP claims) will come across to be dealt with under the one commission.
Does it change your entitlements?
No, all entitlements and benefits will remain the same for workers compensation
claims and CTP claims.
What will happen to my proceedings in the Commission or the DRS?
They will transfer to the PIC but will be heard and determined under the former framework. All claims lodged prior to 28 February 2021 will not be impacted by the new framework.
It should be noted that the portal will have down time from 25 February 2021. All claims need to be lodged prior to that time to be under the former framework.
What are the major changes?
Effective 1 March 2021, the Act transfers the functions of the Workers Compensation Commission (WCC) and the State Insurance Regulatory Authority’s (SIRA), Dispute Resolution Service (DRS), the Motor Accidents Claims Assessment and Resolution Service (CARS), and the Motor Accidents Medical Assessment Service (MAS) to the PIC.
It will be one central location to determine disputes.
It will consist of a President, the head of Motor Accidents, the head of Workers Compensation and a Staff/Medical Assessor Coordinator and be governed by the PIC Act, PIC Regulations and PIC Rules.
The panel will be made up of two doctors and one member, previously it was two doctors only.
There is a right to a support person if you lack legal capacity.
Surveillance material is not to be referred to the medical assessor unless exceptional circumstances. If surveillance is allowed the person has a right of response by way of submissions.
A panel may determine on the papers.
The purpose of the Commission is to simplify the dispute resolution process and deal with disputes justly, quickly, and as cost efficiently as possible. There is no doubt that there will be teething problems come 1 March 2021 and if possible, claims should be lodged now.
If you have a claim or suffer injury make sure you get an experienced personal injury lawyer who actively works in the space, that way you know your getting the up-todate advice.
ABOUT KARENA NICHOLLS:
Karena is a Partner at Coutts and is the Head of our Injury Compensation (with extensive knowledge in personal injury) and Employment Law teams. She is passionate and dedicated to helping her clients understand their rights and obligations and advising them on the best course of action to achieve their desired outcomes. It is her practical and client-orientated approach that has attributed to her authentic reputation positioning her as a highly regarded compensation and employment lawyer.
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This blog is merely general and non-specific information on the subject matter and is not and should not be considered or relied on as legal advice. Coutts is not responsible for any cost, expense, loss or liability whatsoever in relation to this blog, including all or any reliance on this blog or use or application of this blog by you.