The WorkCover Corporation has just made an important change to their policy on how contested death claims are to be resolved. Section 44 of the Workers Rehabilitation and Compensation Act 1986 allows a dependent spouse or domestic partner to claim a lump sum payment of compensation where a worker dies as a result of a compensable disability. Dependent spouses, domestic partners and dependent children of deceased workers are also entitled to claim weekly income maintenance payments based on the extent of their financial dependency on the deceased worker as at the worker's date of death. Previously, where the Corporation rejected a claim under Section 44, the policy of the WorkCover Corporation on litigating the dispute was an all or nothing policy, the Corporation being of the view that dependents should either get the entire benefit available to them under the law or nothing which effectively forced all dependents to run their matters to a Judicial Hearing at great cost and emotional stress in circumstances where the dependents were already grieving for their lost loved ones.
After some lobbying by the SA Workers Compensation Tribunal who were concerned that the relatives of deceased workers were effectively persons under disability under the law, the Board of the WorkCover Corporation met and decided to give their claims agent Employers Mutual Limted the discretion to make offers of settlement and compromise Section 44 disputes where appropriate based on their assessment of the respective risks of the parties in the litigation. Hence, dependent relatives will no longer be forced in every case to a Judicial Hearing where their claim is rejected. As the SA Workers Compensation Tribunal regards relatives in these circumstances as persons under disability and any settlement is an agreement to modify or restrict the operation of the legislation, all settlements will have to be approved by a Presidential Member of the SA Workers Compensation Tribunal.
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