In the event that a worker initiates an appeal to the Queensland Industrial Relations Commission (QIRC), WorkCover Queensland's Office of Industrial Relations takes response to workers appeal in defending the review decision on behalf of the Workers' Compensation Regulator in the QIRC. The individual lodging the appeal, termed the appellant, is the worker, while the Workers' Compensation Regulator represents the respondent.
Despite a decision favoring the employer when a worker's claim is declined at review, it's crucial to note that the Workers' Compensation Regulator does not advocate for the employer's interests in the appeal. However, the employer's cooperation in providing information and facilitating access to relevant staff is vital for the defense of the review decision.
Can an employer join as a party to an appeal? The legislation does not grant employers the right to appear as a party in a worker's appeal, as clarified in the Industrial Court decision of Brisbane City Council v Gillow and Simon Blackwood [2016] ICQ 007. Employers cannot directly present evidence or submissions to the QIRC in relation to the claim.
How is an appeal managed? After an appeal is lodged with the QIRC, an Appeals Officer from the Office of Industrial Relations communicates with the employer to discuss their stance on the appeal. Necessary evidence, statements, and documents relevant to the appeal may be requested. If the employer possesses additional information, they can provide it to the Appeals Officer.
To defend the review decision, the Office of Industrial Relations may engage legal counsel. Legal counsel advises the Workers' Compensation Regulator and advocates for them at the hearing. The Appeals Officer and legal counsel may confer with the employer's staff as potential witnesses, and staff may be called to give evidence.
When will an appeal go before the QIRC? An appeal goes before the QIRC for an initial conference or a hearing. The initial conference aims to clarify the case and obligations, while a hearing may take several months to occur if required.
Do employers have to attend the QIRC at any stage? Employers or their representatives can observe proceedings from the public gallery. Having a representative present during the hearing can aid in promptly addressing queries and understanding the case's complexity.
What happens if the Office of Industrial Relations' position changes? The appeals process involves a de novo hearing, allowing parties to present all relevant evidence. The Appeals Officer may conduct further investigations, and the Office of Industrial Relations, acting as a model litigant, may concede or compromise an appeal if reasonable prospects for success are not believed to exist.
Will an appeal decision affect an employer's premium? The QIRC's decision may impact future premium calculations issued by WorkCover. Employers concerned about the decision's effect on their premium can contact their WorkCover customer advisor for clarification.
If you need advice:
CCIQ can be contacted by telephone on 1300 365 855 or by email workcoverinfo@cciq.com.au.
Employers can also visit the CCIQ website for more information about this service.
The Queensland Law Society can refer employers to law firms in their geographic location that are experienced in insurance matters.