On 23 June 2020, I emailed the CCI case manager, writing:
“My goal from the start had been to resolve the issue quickly, to ensure a safe work environment, so I can work without more risk of injury. HR had a legal obligation to look into this but chose to add another year of relentless harassment and trauma…
It’s important I understand the process as I have financial responsibilities including home loan payments, bills etc, therefore I need to know whether I am covered by my employer under WorkCover or should I apply for a little more annual leave to tide me over financially…
If you have a chance today or tomorrow to call me for a brief chat so I understand the next steps … I’d be grateful.”
On 24 June 2020, I emailed the soon-to-be non-compliant RTW coordinator and the WHS & Wellbeing manager, updating them that I’m not represented by a lawyer as it’s now a worker’s compensation case.
I repeatedly requested for that national manager of employment relations and safety psycho to stay away from me! How dare senior executive staff, including the VC, allow this offender to continue menacing, stalking and harassing me AND my family, under workers compensation regulations. STOP THE CRIMINAL ADVERSE ACTION AND COMPLY WITH REGULATIONS AND LAWS!
I mention my distress in the email because by this stage, I had used all my personal leave in my attempts for reasonable communication with HR executives. The countdown now began to take all my annual and long service leave as well, while more actions of coercing, mobbing and the RTW coordinator violating my privacy to allow stalking, badgering and intercepting of my personal emails by R. Christmann.
Self-insured employer breached the law by not implementing the injury management plan as agreed. But SIRA NSW allowed it.
On 25 June 2020, I receive the legally binding Injury Management Plan Number #1, as agreed, from the insurer’s case manager, as did my health professionals.
Let’s unpack this contractual obligation.
“The goal is for Vicki … to return to work on their pre-injury duties …That is, same job, same employer.”
Actions for Parties Involved with the Injury Management Process
“This plan has been developed in consultation with Vicki, [RTW Coordinator], [NTD].
Catholic Church Insurance requires the key parties to be responsible for following the agreed action to enable a safe, durable, and where possible timely, return to work for Vicki."
(NOTE: So why did Catholic Church Insurance not follow their own advice and legal obligations?!)
"This plan has been created in accordance with and is subject to the requirements of the Injury Management Program of Catholic Church Insurance as approved by the WorkCover Authority of New South Wales (WorkCover), pursuant to S43 of the Workplace Injury Management and Workers Compensation Act 1998.
The contents and requirements contained in this Injury Management Plan will remain current until such time as it is replaced by an updated Injury Management Plan.”
NOTE: it has not been replaced, I do not want it replaced, I DEMAND IT IS IMPLEMENTED AS PER MY MANY REASONABLE EFFORTS FOR COOPERATION FROM CCI AND THE UNIVERSITY TO RECOVER IN MY HEW 8 STEP 4 JOB!
The expectations of me were:
• to co-ordinate with the workplace regarding return to work (impossible given the RTW Coordinator was uncontactable and the cause of my claim in HR / WHS continued the reckless conduct with intent to cause harm. I tried what I could to stop her, including an APVO application and SafeWork NSW - coming up in later posts);
• to make reasonable efforts to return to work (I’ve made efforts beyond reasonable AND STILL TRYING);
• to attend all medical appointments when requested by Catholic Church Insurance in regards to this claim (the IME “practitioner” turned out to be a friend of Deepinder Miller, another completely unethical individual who violates SIRA NSW guidelines. It’s coming up in a post. These people are disturbed and add trauma to an already traumatic situation that lead to a claim! Keep these psychos at a safe distance from me … that is, far, far, away. Forcing such unethical individuals on injured workers via coercion is unacceptable);
• to inform the case manager if you are not able to make any medical appointments and provide acceptable reasons for doing so (See above point for my valid reason why I will not be subjected to more of this coercive trauma. They can keep their “opinions” and innuendos to themselves from here on. I demand and expect my HUMAN RIGHT TO A VOICE IN MY OWN RECOVERY);
• to participate in the Factual Investigation Process (I did, so why the hell were Q Workplace Solutions needed since this one for CCI had already been done?).
The expectations of the RTW coordinator (on behalf of the employer) were:
• to maintain reasonable contact with Vicki (she made no contact whatsoever and was uncontactable);
• to co-ordinate with the worker regarding her return to work (she did NOTHING to coordinate, cooperate and communicate regarding my legal right to return to work. What she did was violate my privacy by giving access to my email accounts and the contact details of my allied health professional to the cause of my claim, to continue the harassment, badgering, and other illegal, unauthorised actions. Serious recklessness with intent to cause harm).
The expectations of the NTD were:
• to continue to treat Vicki as necessary;
• to monitor Vicki and recommend appropriate treatment;
• to co-ordinate with the work place regarding workers return to work;
• to complete report request sent by CCI.
CCI and EMPLOYER REFUSED TO COOPERATE AND COMMUNICATE WITH MY NTD.
The expectations of the case manager (had she NOT BEEN REMOVED) were:
• to liaise with all parties where necessary;
• respond to all requests for treatment and reimbursements within a timely manner;
• liaise with all parties through the life of the claim in relation to medical injury management and return to pre injury duties;
• monitor compliance with the Injury Management Plan and Return to Work Plan.
The Injury Management Plan was never followed or implemented by both employer and self-insurer. There was no collaboration, communication and cooperation from these two parties. I made every effort to learn what was needed to comply, on my own, but always too late. Non-compliance continued, including withholding information and communication was intentional to deliberately disadvantage me, while HR still engaged in violations of WHS regulations such as ostracism, workplace mobbing, social isolation, harassment and privacy invasion.
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At the end of the contractual agreement is the fine print including:
Workplace Injury Management and Workers’ Compensation Act 1998
This is a summary of some of some of the obligations imposed on each party in the Workplace Injury Management and Workers’ Compensation Act 1998.
An injured worker must:
• Co-operate and comply with your injury management plan to avoid possible suspension of benefits (I did, but benefits were still not provided or cooperation and compliance reciprocated, which is FRAUD);
• Make all reasonable efforts to return to work with his or her pre-injury employer as soon as possible (I DID! MY MANY EFFORTS DOCUMENTED! TWO REGULATORS ALLOWED THIS TORTURE AND ABUSE TO GO ON FOR YEARS!).
Employers must:
• Comply with obligations imposed on the employer by or under an injury management plan (THEY DIDN’T! What is the NSW State Insurance Regulatory Authority going to finally do, because I reported all this to SIRA NSW on 11 January 2021! What occurred with the regulator is not complaint mishandling. They did NOTHING to “handle” my complaint).
Failure to Comply
As per section 48A of the Workplace and Injury Management and Workers Compensation Act 1998, if a worker fails unreasonably to comply with the aforementioned obligations after being requested to do so in writing by Catholic Church Insurance, the worker has no entitlement to weekly payments of compensation during the period in which the failure continues. In situations where the weekly payments are reinstated, the worker is not entitled to the payments lost while the suspension was in effect. Disputes arising from the injury management process should be resolved in accordance with the process set out in Catholic Church Insurance’s Workplace Injury Management and Return to Work Programs.
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What are the legal ramifications if the self-insurer fails unreasonably to comply with the aforementioned obligations after being requested to do so in writing by the worker, and also does not provide the legal entitlement to weekly payments of compensation?
What is the answer to my question NSW State Insurance Regulatory Authority?
On 26 June 2020, regarding the injury management plan agreement, I reply in an email to the case manager, “I just read through. Yes I agree with the plan and my intention had always been to return to a safe work environment as soon as I raised the issue on 2 July 2019. I also value the documented obligation of my employer to participate, co-operate, co-ordinate a return work plan and make reasonable contact with me regarding implementation and support. It has been the isolation and lack of support and contact from anyone at my workplace that have caused serious feelings of abandonment. The indifference has left me feeling severely neglected”.
That says it all.
This post is based on documents 80-82.
I include a link to SIRA NSW’s Injured at work - a recovery at work guide for workers.
As a worker who’s been compliant her entire life, I expected the regulator would enforce compliance on ALL STAKEHOLDERS. I did not foresee the massive systemic abuse I would suffer.
Legally binding injury management plan agreement
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