Thursday, March 26, 2026

Personal Injury Commission (PIC): What Happened After the Examination - October 2021

This is what systemic harm looks like


There was a moment in my journey through the system where something shifted within me.


It’s the moment I realised:


I am not being helped.  

I am being harmed.

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The Illusion of Protection


Workers compensation is meant to be a safety net.


A no-fault system.  

A recovery system.  

A system designed to protect people at their most vulnerable.


But what happens when the system itself becomes unsafe?


What happens when the institutions meant to uphold the law begin to erode it instead?


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What Happened After the Examination


In my previous post, “The Examination I Was Not Prepared For,” I described an experience that should never occur in a system designed to protect injured workers. See https://mystory-myvoice.blogspot.com/2026/03/the-examination-i-was-not-prepared-for.html


But the examination didn’t end when the appointment finished.


It followed me:


Into the system;

Into the process;

Into every interaction that came after.


Because what happened next revealed something even more confronting:


It wasn’t just the examination that caused harm.  

It was the system around it.


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The Moment Trust Collapsed


After that experience, something shifted in me.


Until then, despite everything I had already endured — the failures of the insurer, the employer, the regulators — I still held onto one belief:


That somewhere, within the tribunal process, there would be procedural fairness.


That there would be a place where:

  • instructions meant something  
  • safeguards were upheld  
  • and the worker would finally be treated with basic dignity  

But that belief didn’t survive what happened next.


What replaced it was something deeper:


A loss of trust — not just in a process, but in the system itself.


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A Small Detail That Wasn’t Small


In early October 2021, I contacted the Personal Injury Commission, to provide feedback — the kind systems claim they want.

Because what had just occurred was not only distressing, it was preventable.


I explained:

  • I had been given one time for the IME  
  • the assessor provided a different time  
  • I was told I could bring a support person  
  • when my support arrived, she was refused  

On paper, it looked minor, a simple miscommunication.

But lived experience tells a different story.


It was humiliating.  

Destabilising.  

And entirely avoidable.


As I wrote at the time:


“This has been another example of poor communication and lack of support from the NSW government system… given what I have been through, I do not have confidence it will be fixed for future process and sanity of workers.”


That sentence didn’t come only from frustration.


It came from pattern recognition.


---


The Denial of a Basic Safeguard


The most distressing part wasn’t the time confusion.


It was the moment my support person was told to leave.


I had relied on the written instructions.


They were clear.  

I followed them.


And yet, in the moment I needed that support most, it was taken away.


Abruptly and without warning.


I was left alone.


---


The Explanation That Raised More Questions


When I questioned the practitioner, why my support person was being asked to leave — despite the written instructions — I was given a response in the moment:


That sometimes workers’ compensation solicitors get it wrong.


But this was not information provided by a solicitor.


The instruction allowing a support person came directly from the Personal Injury Commission itself — from its own disputes resolution process and guidance regarding IME conduct.


That moment introduced a different kind of concern, because it was not just that the instruction was not followed.


It was that the explanation given did not align with the source of the instruction.


And that raises a simple but important question:


If the Commission’s own guidance is not being applied consistently — or is being misrepresented in practice — what does that mean for procedural fairness?


And I later asked, in writing, to the PIC:


“Why… was I denied a very important human right of a support person as per your instructions?”


There is something deeply destabilising about that experience.


Because it sends a message:


You can follow the rules — and still be unsupported.


---


When Systems Gaslight


Gaslighting isn’t just something that happens in personal relationships.


It can be systemic.


It happens when:

  • you are given instructions — and then penalised for following them
  • you raise concerns — and they are minimised  
  • you provide evidence — and it is ignored  
  • you experience harm — and are told the system is working as intended  

Over time, the impact is cumulative.


You begin to question your own reality.


Did I misunderstand?  

Did I get it wrong?  

Am I the problem?


But the truth is:


The problem isn’t your perception.


The problem is the system’s inconsistency and lack of accountability.


---


Escalation Is Not Irrational — It Is a Signal


By mid-October 2021, my communications became more urgent.


More direct.  

More distressed.


That shift is visible in the record.


But what is often misunderstood is this:


Escalation is not dysfunction.  

It is a response to unresolved harm.


No one begins their journey in a system like this at that level.


You get there when:

  • you are not heard  
  • you are not protected  
  • and the harm continues  

This is not overreaction.


This is a human response to sustained systemic harm.


---


The System That Should Have Prevented This


By the time I was writing to the Personal Injury Commission in October 2021, multiple systems had already failed:

  • the insurer  
  • the employer  
  • the regulator  
  • the safety authority  

Each had a role.


Each had obligations.


And each failure compounded the next.


Instead of protection, there was:

  • fragmentation  
  • deflection  
  • silence  
  • and, ultimately, escalation

---


This Is What Re-Traumatisation Looks Like


Re-traumatisation is not abstract.


It is lived.


It looks like:

  • being denied support when you were told you could have it  
  • being forced to navigate contradictions while vulnerable  
  • having to fight for basic rights within a system designed to provide them  
  • being pushed to the point where your communication reflects survival, not comfort  

It is the repetition of harm within the very system meant to resolve it.


And over time, it does something else.


It keeps the nervous system activated.


Alert.  

Hypervigilant.  

Unable to stand down.


Because the threat is never resolved.


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The Systemic Pattern


What became clear to me — and what this blog documents — is that these were not isolated incidents.


They formed a pattern:

  • inconsistent communication  
  • removal of safeguards  
  • failure to act on evidence  
  • absence of accountability  

And perhaps most concerning:


A system that continues forward as if none of this is happening.


---


The Bigger Question


The question is not whether one IME went wrong.


The question is:


How many workers are experiencing this — without the ability to document it?


Because not everyone has the capacity to:

  • compile evidence  
  • navigate legislation  
  • persist through institutional resistance  

Many simply disappear from the system.


Silently.


---


This Is Not an Individual Story


This is not just my story.


It is a case study in what happens when:

  • safeguards are inconsistently applied  
  • accountability is unclear  
  • and systems prioritise process over people  

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What Needs to Change


If systems are serious about:

  • psychologically safe workplaces  
  • injury recovery  
  • and public trust  

Then the following must be non-negotiable:

  • clear, consistent communication  
  • enforced procedural fairness  
  • respect for support rights  
  • accountability when standards are breached  

Because without these, the system itself becomes a risk.


---


Final Reflection


I entered the system as a worker seeking recovery.


I found myself navigating something else entirely.


A system that felt indistinguishable from the harm it was meant to prevent.


And that is the truth we need to confront:


When a system gaslights, retraumatises, and destabilises —  

it is no longer a safety net.


It is part of the injury.


---


What the Research Now Shows


Recent academic research is beginning to reflect what many injured workers have been experiencing in practice.


A 2026 peer-reviewed study published in the Journal of Occupational Rehabilitation examined the psychological and systemic impacts of workers’ compensation processes on injured individuals.


The findings are significant.


The study identified that:


Workers navigating compensation systems often experience secondary psychological harm, not just from the original injury, but from the process itself


Inconsistent communication, delays, and lack of transparency contribute to increased distress and reduced trust in institutions


Repeated exposure to procedural stressors can lead to chronic psychological activation, including anxiety and hypervigilance


Systems that are perceived as adversarial or dismissive can result in feelings of invalidation, loss of control, and re-traumatisation


Importantly, the research highlights that these impacts are not isolated — they are systemic patterns, particularly where accountability mechanisms are weak or unclear

What is striking is that the study does not describe extreme or rare scenarios.

It describes patterns that closely reflect what many workers report when systems fail to respond effectively.

When a system creates the very harm it is meant to resolve — that is no longer a failure of process.

It is a failure of protection.

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Where This Leads


What happened after the examination was not recovery.


It was escalation.


Not because I chose it.


But because the system left no other path.


And what came next would take this far beyond one examination, one complaint, or one tribunal process.


It would expose something much bigger.


The truth about what happens when systems are challenged — and fail to respond.


Source: contemporaneous record of events - Document 205.


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Reference:


Sanatkar, S., Pritchard, E., Callaway, L., et al. (2026). Factors associated with negative experiences and mental ill health during a workers’ compensation claim: A mixed methods studyJournal of Occupational Rehabilitation. https://doi.org/10.1007/s10926-026-10364-0

Wednesday, March 25, 2026

The Examination I Was Not Prepared For - September 2021

After the first hearing on 12 July 2021, the Personal Injury Commission arranged an independent medical examination.

It took place by videoconference on 29 September 2021.


By that stage, I was already in distress because I did not understand what was happening around me.


I had not been properly informed of my statutory entitlements.

I had not been guided through the process I was now inside.

And critically, I did not understand the legal pathway I was being pushed toward.



A Path I Did Not Choose — Because I Was Never Properly Informed


At the time, my workers compensation solicitor was directing me toward a claim for workplace permanent impairment.


I did not understand what that meant.


I did not understand that this pathway could result in a lump sum outcome that could effectively close the door on my employment and future return to work.


I did not understand or know how to communicate the alternative pathway I wanted, grounded in statutory entitlements — including:


weekly payments

injury management planning

a compliant return to work process

None of this was explained to me in a way I could meaningfully understand.

Instead, I was being coached on how to present.


I was told how I should look.

How I should appear.

How I should “come across”.


At a time when I was trying to hold myself together —

as a professional,

as a person,

as someone whose life was already being destabilised —


I was being encouraged to perform distress, rather than being supported through it.


The reality was this:


There was nothing wrong with my ability to think, to articulate, or to understand.


What was wrong was that I had not been given the information I needed to make informed decisions about my own life.



Before the Assessment — I Asked for Clarity


In the days leading up to the independent medical examination, I did what any reasonable person would do.


I asked questions.


I sought clarification from my legal representative about whether I could have my friend, the support person, physically present during the videoconference assessment, particularly given the COVID restrictions at the time.


I lived alone.

I was in an LGA of concern.

And I was already overwhelmed, frightened, and trying to navigate a process I did not fully understand.


In my email, I explained this clearly:


“This ‘work’ issue has already been overwhelming, frightening and confusing… I just want reassurance and confirmation she can be physically present.”  

I was not asking for anything unreasonable.

I was asking for support.


What the Instructions Actually Said


The formal instructions provided prior to the assessment were clear.


They confirmed that:


the worker may have one support person present, provided that person is disclosed at the start of the assessment  

I followed those instructions.

I arranged for a support person. I disclosed their presence at the beginning of the session.

At no point was I told that this right could be overridden.

Official pre-assessment instructions confirming the worker’s right to a support person.


What Actually Happened


Despite this:

 

my support person was directed to leave

I was required to turn my laptop around inside my own home to demonstrate I was alone

I was left without support during a psychologically vulnerable assessment


In that moment, I was completely alone.

 

When information exists — but understanding does not.


The Right to Be Informed — And Involved


Under NSW workers compensation law, an injured worker is not a passive participant.


The legislative and regulatory framework requires that workers are informed, consulted, and actively involved in their own injury management.


This includes:


Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 43

→ injury management plans must be developed in consultation with the worker

 

Section 45 of that Act

→ insurers must consult with the worker and keep them informed of significant steps

 

Workers Compensation Act 1987 (NSW), s 54 

→ decisions about weekly payments must include reasons and review rights

 

SIRA Standards of Practice

→ require communication that is clear, accurate, timely, and enables informed participation


This framework exists to ensure that injured workers are not left navigating complex legal and medical systems without information, clarity, or support.


That did not happen.



The Examination Itself


What followed was not experienced as a neutral clinical interaction.


It was an experience in which I felt:


corrected

diminished

unheard

Even the language I used to describe my experience was challenged.

My fear — grounded in what had already occurred — was reframed and minimised.

This was not just difficult.


It was re-traumatising.

 


The Report I Could Not Read


After the assessment, a report was produced.


I made a decision not to read it.


Not because I was disengaged or because I did not care about the outcome.


But because I needed to protect my psychological safety.


By that point, I had already experienced multiple assessments that I found distressing, disorienting, and at times deeply confronting.


The process itself had become a source of harm.


Reading another report — about me, without me — written through a lens I did not experience as neutral or safe, was something I was not in a position to absorb without further impact.


So I made a decision.


A deliberate one.


To prioritise my wellbeing.



What That Decision Represents


This is not how the system is meant to function.


An injured worker should not feel safer avoiding a report than engaging with it.


The very professionals tasked with assessing psychological injury are expected to operate with:


care

objectivity

ethical integrity

and an understanding of trauma


Yet my experience did not reflect trauma-informed practice.


It did not reflect a process that felt safe, balanced, or respectful.



The Deeper Irony


There is a profound contradiction in this.


That those assessing psychological injury can, through process and conduct, contribute to further psychological harm.


And that the burden of managing that harm falls back onto the person already affected.



Aftermath — Nowhere to Raise It


When I sought to raise concerns about the conduct of that examination, I was told the Commission could not handle the complaint.


I was directed elsewhere.


To another body.

Another process.

Another system.


Again, the burden shifted back onto me.



What This Reveals


This was not just one appointment.


It was a convergence of systemic failures:


failure to inform

failure to consult

failure to uphold procedural fairness

failure to apply trauma-informed practice


And most critically:


A system that assumes participation is informed — when in reality, it often is not.



What I Would Have Said — If I Had Been Properly Informed


If I had understood what was happening at the time, I would have said this clearly:


I am not seeking to be assessed for permanent impairment.


I am seeking my statutory entitlements.


I am seeking:


proper injury management

implementation of a return to work plan

compliance with legal obligations by both employer and insurer


Because the issue was never that I could not work.


The issue was that the system failed to do what it was legally required to do.


Source: contemporaneous record of events - Document 199.