Statutory Claim and Q-Comp

MVM Legal is a leader in the management of statutory claims, including advice on the acceptance of claims, prospects on review with Q-COMP, and the conduct of the appeals in the Industrial Magistrates Court and Queensland Industrial Commission. We are regularly called upon by our self insurer clients to advise on their statutory claims, including investigations required. We have experience in assisting self insurers in drafting reasons for decision, particularly in contentious matters where the decision is made to reject the claim.

We are also called upon by our self insurer clients on a regular basis to provide advice with respect to the operation of the Workers’ Compensation and Rehabilitation Act, including the management of the claim process, the operation of the Medical Assessment Tribunal, and strategies to be adopted in cases of potential fraud. Damien is also briefed by both WorkCover Queensland and Q-COMP to conduct the prosecution of fraud matters on their behalf in the Industrial Magistrates Court. He has conducted record of interviews with potential defendants in the course of providing advice on fraud matters, and has appeared in the Industrial Magistrates Court to make submissions on penalty in such cases.

Jamie and Damien are experienced in acting for self insurers and Q-COMP on claims in which an application for review with Q-COMP has been received. Such advice includes whether the claimant is a ‘worker’ within the meaning of the Act, and whether they have suffered an ‘injury’ within the meaning of the Act. In regards to whether an injury has been suffered or not, we have particular expertise in advising on the legal test of ‘a significant contributing factor’ as well as the exclusionary provisions of Section 32 of the Act relating to psychological injuries and ‘reasonable management action’. We draft submissions on behalf of our clients to Q-COMP in support of the decisions our client has made, and additionally are on the Q-COMP panel of legal providers. We have a thorough understanding of the process relating to reviews and the methodology to be adopted in accepting or rejecting a claim.

Additionally, we have significant experience in running appeals in the Industrial Magistrates Court and Queensland Industrial Relations Commission both for and against Q-COMP. Whilst these appeals involve the same legal questions as reviews, we have the additional experience of appearing in appeal trials regularly, enabling us to properly understand the process to be adopted, to facilitate the best possible outcome for our clients.