Element 3—Implementation 3.4.1. Assessment of injured workers’ capability to undertake rehabilitation program

Examples of success

The checklist below features some ways to demonstrate success in this element. You can also add other examples you have located. When you identify areas for improvement, include an action, when it needs to be completed and who is responsible.

Examples cited / Date cited / Actions arising / Responsible person / Due date
There is a procedure detailing when and how a section 36 (s. 36) assessment should occur
The procedure for the suspension of compensation rights is documented
There is an instrument of delegation under section 41A.
File audit
  • Assessments under s. 36 are made promptly following receipt of a written request by an injured employee
  • Where a rehabilitation assessment and/or examination is organised under s. 36, it is undertaken by a person(s) as defined by s. 36(2)
  • Determinations are issued by the external claims agent where costs are incurred under s. 36
  • Evidence is available that the assessments specify the kind of rehabilitation program required, consistent with the workers’ capability
  • The following information is provided by the case manager to the person or panel undertaking the rehabilitation assessment:
a) relevant details about the employee, including their disease or injury
b) the employee’s duty statement and position description
c) copies of any reports by legally qualified medical practitioners concerning the employee’s disease, injury or fitness to work
d) copies of any previous rehabilitation assessment of the employee
e) duty statements and position descriptions of potentially suitable employment
f) names and contact details of the employee’s:
i) case manager
ii) if still employed, current manager or supervisor
iii) other treatment providers; and
iv) claim manager (if any)
  • The suspension provisions have been applied where there is evidence that an employee has refused, or failed, without reasonable excuse, to undergo an examination under s. 36(3)

All rehabilitation assessments have involved:
a)an interview or examination of the employee
b)a workplace assessment and meeting with the employee’s manager or supervisor
c)liaison with the employee’s treating medical practitioner and treatment providers
d)identification of barriers to maintenance at or return to work and strategies to overcome them
e)description of suitable duties
f)if the employee is assessed as capable of undertaking a rehabilitation program,
recommendations on what program the employee should undertake
g)a personally signed written report of the assessment and recommendations provided to the case manager.
Positive trends in statistics that relate to time taken from date of injury and s. 36 assessment

Rate your performance

/ Red
Urgent attention needed
Orange
Some work to do
Green
Going well

After completing the table above, check the appropriate box below to indicate how you are performing.