STRESS CLAIMS and MANAGEMENT ACTION

1
STRESS CLAIMS and MANAGEMENT ACTION

• John Dwyer
• Barrister

2
History

• The rise and rise of stress claims
• Legislative history
• Workers Compensation and Rehabilitation Act 2003
• Focus on management action

3
Stress

• The Act requires a personal injury
• Medical diagnosis is essential
• DSM IV vs. Thorsten Groos

4
Employment a significant factor

• Stress must arise out of employment
• Employment must be a significant contributing
  factor
• Exclusion Reasonable management action taken in
  a reasonable way (or perception of same)

5
Management action

• A broad definition
• Can include indirect effect of management action
• Can include inaction by management to address
  complaint

6
Reasonable

• Reasonable is not synonymous with perfect
• Depends on consideration of the facts in each
  case
• Bowers reasonable schemes reasonably
  implemented can miscarry

7
Typical origins of claims

• Trauma/Shock
• Interpersonal conflict
• Reaction to performance management/disciplinary
  action

8
Minimising Claims Risk

• Policy on Bullying Harassment
• Grievance Procedure
• Access to management
• Clear plan to deal with complaints

9
Managing Claimants

• Clear communication
• Acknowledge distress/concern
• Offer counselling
• Act quickly/be seen to act quickly
• Communicate communicate communicate

10
Dealing with a claim under the Act

• Employers report form
• Statements to investigators
• Suspend performance management/disciplinary
  action
• Brief insurer

11
Employers Rights

• Q Comp Review
• Appeal
• Right to be heard on workers appeals

12
Questions

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