WorkCover Claim accepted upon review, and s.8.3 Notice overturned

Due to a range of unlawful and negligent actions in my workplace I ultimately sustained a psychological workplace injury. As a result of the injury sustained I initiated a workers compensation claim.   I had no experience with this process previously and was somewhat unprepared for the adversarial and unjust tactics utilised by both the employer and work cover designed to find any reason to reject my claim.

Statutory timeframes in responses were exceeded as different approaches were applied to attempt to dismiss my right to workers entitlements.

I sought professional services and advice from employment lawyers which I found to be of limited benefit.  Like countless other workers in similar positions I was left isolated and overwhelmed by the process. Despite substantial evidence and nothing to negate my claim my initial claim was rejected. The employer and work cover case officer both resorted to submitting false accounts and intentional misrepresentation to decline the claim. The actions were entirely unjustifiable.

I continued to seek information and assistance. At this time I became aware of the work Justice4workers and Kate RASMUSSEN had been doing in relation to workers compensation and associated workplace matters.  I contacted Kate to seek assistance and advice and this was the best decision I made as this became the turning point for me in the situation. I engaged the professional services of Kate RASMUSSEN/Justice4workers to assist me with a number of work related matters.

On speaking with Kate it was clear she understood the situation I was facing from her own personal experiences and professional dealings with other clients. Kate understood the process and knew exactly what steps were needed to be undertaken to review and overturn the initial WorkCover decision. In addition to professional services Kate is very empathetic and supportive throughout any process she was assisting me with. Kate was always available through various forms of communication and always there to help.

Kate is highly intelligent and is able to quickly process large amounts of information and documentation and understands what I as the client wanted to achieve.

A review of the work cover decision was completed and submitted to the regulator.

Kate conducted professional evidence gathering services in support of my claim and then completed a review document. The quality of the review document was exceptional.

Kate completed an extensive review document which clearly articulated the argument for acceptance of my claim. The deficiencies for the rejection of my claim were further exposed and highlighted and supported by clear and distinct facts, evidence and case law. Kate also utilised her strong professional legal connections to assist in this process. I couldn’t have been happier with the final review document as the quality was first rate.

OUTCOME: The regulator considered the review document completed by Kate and overturned the decision to reject my claim. The regulator found my claim to be one for acceptance. More importantly I had been afforded justice in this regard and felt vindicated. I don’t believe this outcome would have been possible without the support and services from Kate.

 

After lodging a workers compensation claim and a short time after making an internal complaint, I was issued with a section 8.3 notice of suspicion of unfitness for duty. The lack of any reasonable grounds attached to the document again highlighted the unjust actions taken by management as reprisal and intimidation tactics for staff who are being targeted.

There is limited time to respond and lack of reply is considered to prove the suspicion. Kate was again available to support me throughout this process, prioritised the response and worked tirelessly to ensure the deadline was met. Kate has extensive knowledge in relation to the process and responding to section 8.3. Kate prepared a reply to the notice highlighting the unreasonableness of the action and the complete lack of grounds to initiate such action.

OUTCOME: On receipt of the response I was advised the action was to be immediately ceased and confirmed no suspicion now existed. The outcome achieved was a direct result of Kate’s Knowledge and expertise in relation to all aspects of section 8.3 of the Police Service Administration Act. Kate ensured my workplace rights were protected.

I strongly recommend anyone subject to similar action contact Kate for assistance.

 

Qualities/strengths:

Kate is extremely hardworking and motivated in achieving the best possible results for her clients. Kate is exceptionally reliable she is always aware of important timeframes and deadlines and always ensures her work is entirely ready prior to submission. Kate always puts her clients’ interests first and always goes above and beyond to support them and protect their rights.

Kate is a very capable and strong individual who is not afraid to take on challenges and does not back down from a fight to ensure her clients rights. Kate is exactly the right kind of person to have in your corner when your employment rights are being violated.

Kate is in a niche position in relation to employment matters pertaining to Police officers. Kate as an experienced former Police officer has a knowledge of internal processes within the service which are of significant benefit for an officer seeking assistance. This working knowledge places Kate in a strong position to identify issues and assist with employment matters in this field. It affords an advantage of other professionals in this regard when dealing with employment matters relating to Police.

Kate is an extremely empathetic and genuinely caring individual. She is very passionate about helping her clients and the effort is reflected in the high quality work and outcomes she consistently achieves. Kate is very personable and is a pleasure to work with.  Kate’s work is inspirational and I believe it is not an exaggeration to state that that her professional services, support and advocacy are helping to rebuild people’s lives and in some cases saving lives.

I cannot speak highly enough about Kate as a professional or as an individual. I am very grateful for her expertise, service and friendship.

 

 

Name Withheld Queensland Police Officer Workers' Compensation Review / response to s.8.3 Notice / legal referral August 12, 2018