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 130 Week Review

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Number of posts : 1
Registration date : 2011-11-02

PostSubject: 130 Week Review   Wed Nov 02, 2011 8:13 am

I am new to this forum and think its great for workers who have been injured and are on or have had dealings with Work Cover to be able to discuss their problems and concerns.
I am currently on Work Cover in SA and hve been for approx 3 1/2 yrs.
I have had 3 shoulder opperations the first which stuffed up my problem even more.
The following 2, 1 was on the same shoulder the 2nd was on the other shoulder.
I was detached from my employer as I was unable to return to fulltime work and they did not have another position for me.
I have been detached for approx 5 mths and unable to work.
I have been given assistance by WC with house cleaning & gardening as my wife works fulltime and we have 2 small childern which I am unable to look after for long periods of time as I am usually in too much pain.
I require pain medication daily to both function to some degree and to also sleep.
I have been told by my 5th case manager that I will need to find work soon otherwise they will cut my payments as part of the 130wk review system.
I find it extremely hard to perform the basic functions and living tasks around the house yet they expect me to return to work.
My lawyer has said to start looking for my own benefit yet I am in constant pain.
Does anyone have any sugestions?
Is there some way around this?
I await any comments.
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Number of posts : 4
Registration date : 2011-12-04

PostSubject: Re 130 weekreview   Sun Dec 04, 2011 8:05 am

In short ask your case manager for a form 35c. This is a request by you to continue receiving income maintenance. Then you may need to lodge a notice of dispute with the industrial commission I believe. The workcover site has the information of your rights. Bit of a chore to find but a must do unless you have a knowledgeable advocate.
I too am undergoing 130 week review and have been determined work ready or some crap.
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Number of posts : 2
Registration date : 2013-02-28

PostSubject: 130 weeks reveiw   Thu Feb 28, 2013 8:23 am

If you live in South Australia then this info is for you, as I'm not sure about other states but I have no doubt that it would be the same. The 130 week work capacity review, has been now changed to limit you to the 130 weeks worth of payments. They have the ability to determine that you have capacity to work at any level. It does not matter if you only have a limited capacity, even an hour a day/ you have capacity. So the review is only to pretend that you have a path of recourse. It is a waste of time. You can argue that you are unable to get employed at a reduced rate as no employer will employ you, remember that there doesn't have to be the existence of a job that will employ you at any level they only have to determine that you have the capacity to work. At the conciliation, the rule of evidence dose not apply, the poor officer of the court has to identify the facts and discuss the issues. You can scream and shout all you want but at the end off the day, what you need to prove is that you have absolutely no physical ability to work at any level. Impossible. Remember that it is not about getting a job or if there is a job, in workcover land it is, if you can move then you can work.
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