A parliamentary question addresses concerns regarding the Insurance Commission of Western Australia's (ICWA) handling of Mr. Daniels' claim, specifically regarding lost wages and return-to-work arrangements. The Minister's answer defends ICWA's actions, citing adherence to legislation and providing context for delays and decisions.

AnsweredQoN 2883Legislative Assembly
Asked
13 November 2007
Portfolio
Government Enterprises

QuestionView source ↗

(a) did the Insurance Commission of Western Australia (ICWA) make an arrangement with Mr Daniels’ employer at the time, Amerind Pty Ltd, which involved not paying lost wages of at least four weeks;
(b) did his employer refuse to sign a return to work plan because the proposed plan had no liability disclaimer for that employer;
(c) why has Mr Daniels’ small claim for lost wages been held up; and
(d) will the Minister examine the dealings of ICWA with Mr Daniels, who feels he has not been given due respect and consideration?

AnswerView source ↗

Answered
27 November 2007
Responded by
Minister representing the Minister for Government Enterprises
Response time
14 days
Insurance Commission of Western Australia-
(a) No
(b) Yes. Mr Daniels' rehabilitation was managed by a rehabilitation provider upon referral from Mr Daniels' GP.  Whilst the Insurance Commission provided funding for the rehabilitation program it had no involvement in the negotiations between the rehabilitation provider and Mr Daniels' employer, particularly as this is not a workers' compensation claim. The Insurance Commission understands that Mr Daniels' employer did not agree to support a graduated return to work program.
(c) Consideration for additional advance payments was held in abeyance pending receipt of economic and medical information from Mr Daniels' solicitors, which was requested on 3 October 2007. Upon reconsideration and having regard to the fact that Mr Daniels was able to  secure alternative full time employment, the Insurance Commission will make a further advance payment against Mr Daniels' claim for loss of capacity to earn for the period 17 September 2007 to 5 October 2007 and a cheque has been forwarded to Mr Daniels' solicitor.
(d)  The Insurance Commission has given due respect and consideration to this claim and has acted in accordance with the
Motor Vehicle (Third Party Insurance) Act 1943.
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