46-YEAR-OLD LOGISTICS WORKER FROM THE NORTHERN RIVERS LEARNS SHE'S ENTITLED TO TWO YEARS OF BACK PAYMENTS 

A 46-year old woman worker was told her medical treatment would cease in April 2019 as she had not received any weekly payments for almost 2-years. She was unsure why her weekly payments ceased in April 2017. WIRO contacted the insurer who produced a Certificate of Determination issued by the Workers Compensation Commission. The Certificate made awards by consent, and it was noted that upon receipt of the payments ordered, the worker would have received her entitlement to compensation for the first and second entitlement periods, under section 36 and section 37 of the Workers Compensation Act 1987.

WIRO suggested to the insurer that since the Certificate did not make an award in favour of the employer, the worker was entitled to claim weekly payments under Section 38 of the 1987 Act and the insurer was obliged to determine it. WIRO also ascertained that the worker had provided multiple Certificates to claim weekly payments but that the insurer had failed to respond, as required by Section 274 of the WIM Act. 

The insurer confirmed Certificates of Capacity had been received but not determined. It confirmed weekly payments would be made to the injured worker, dating back to 2017 and subject to Centrelink clearances. The woman was advised she would be receiving weekly compensation payments and that her entitlement to medical expenses would not be ceasing in April.

If you have an enquiry about your claim, contact WIRO on 13 9476. 

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