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If there is a dispute regarding any aspect of your claim, WorkCover WA’s independent Dispute Resolution Directorate - the DRD – is the sole legal jurisdiction for resolving or settling workers' compensation-related disputes.
‘Resolution’ means ending a problem or having a decision made formally.
This is the aim of the DRD as it helps workers and employers resolve disputes fairly and promptly. It is headed by a Commissioner who is a District Court Judge.
Resolving a dispute can be a detailed and involved process. There are forms and applications to be filled in, documents to be gathered and sometimes, conferences and hearings to attend. Despite the DRD’s commitment to dealing with disputes promptly, they can still take a while as the various early steps in the process take their course.
Steps involved in dispute resolution
Disputes only happen in a small number of claim cases, but it is worth knowing the processes involved if you are involved with a dispute over your claim for any reason. Once you have submitted a claim, the insurer may dispute liability or advise they need more time to determine liability. If this happens, you can lodge an Application to Resolve a Dispute Part XI (11), and/or Part XII (12) at the DRD - see the link in the forms section in the panel to your right.
There can be up to three steps involved in the dispute resolution process for a Part XI application.
| 1. Teleconferencing: |
| In the teleconference stage, the case is given to an arbitrator who may organise a telephone link up with all parties involved. A worker may choose to have a legal representative involved, although this is up to the worker. Discussions are not recorded. At the teleconference, the arbitrator and the parties discuss the dispute and try to reach an agreement that is acceptable to all parties. If a telephone conference does not resolve the issue, a face-to-face conciliation conference might need to be arranged. After the teleconference, the arbitrator will send a Certificate of Outcome to the parties. |
| 2. Conciliation: |
| A conciliation conference is a face-to-face meeting of the parties involved in the dispute. A worker may choose to have a legal representative involved. Discussions at this stage are not recorded and will not be used in the arbitration stage if the dispute goes to that next stage. If the issue is resolved at the conciliation conference stage, a Certificate of Outcome will be sent to both parties from the Arbitrator. |
| 3. Arbitration: |
| This is a formal part of a dispute resolution proceeding and involves the arbitrator making a decision on the dispute. This is a face-to-face meeting at the Dispute Resolution Directorate and discussions will be recorded. |
What is a medical assessment panel?
In some cases, in the conciliation and arbitration phase where there is a conflict in medical evidence, the matter may be referred by the Arbitrator to a medical assessment panel. Panels comprise three doctors chosen by the Director of the Dispute Resolution Directorate. It is important a worker attends for examination by the panel. If a worker does not attend, their payments may be suspended. The panel’s decision is final and binding on all parties.
While my claim is being disputed, how can I access payment for temporary wages and payment of medical expenses?
You can lodge an application to resolve a dispute Part XII (12) to help cover you for weekly payments of compensation up to 12 weeks, or up to 5% of the prescribed amount for medical and related expenses you have already paid. A decision to award payment is made by an Arbitrator and is based on evidence that you submit with the form. Click in the forms section to your right to obtain an application to resolve a dispute Part XII (12).
For further information about dispute resolution, call Advisory Services on
1300 794 744. Click on the link to your right to view the DVD or call or email Advisory Services to request a free copy.
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