Impairment (Sections 98C & E) Protocols

The Impairment (Sections 98C & E) Protocols (The IB Protocols) establish best practice procedures for Authorised Agents and Injured Worker's Legal representatives to follow regarding the management of Impairment Benefit claims. The IB Protocols are designed to provide a more accurate assessment of permanent whole person impairment, by aiding the collection of treating doctor information at the beginning of the claim, and to improve the timeliness of delivering impairment benefits to injured workers.
Treating Doctor Information
The IB Protocols provide for the provision of treating doctor information, by the worker's legal representative, at the specific request of the Authorised Agent.
Treating doctor reports should include as a minimum requirement:

  • diagnosis of injury or condition
  • specifics regarding frequency and extent of treatment
  • confirmation of extent of any pre-existing impairment or disability

Payment of Disbursements
The reasonable costs of treating doctor reports will be reimbursed in accordance with section 99 of the Accident Compensation Act 1985 (the Act), dependent upon:

  • provision of the report and a copy of original invoice from the treating doctor prior to the impairment assessment
  • satisfaction of s99 requirements

No payment will be made for medico-legal reports unless exceptional circumstances apply and the Authorised Agent has given prior approval for the reasonable cost of the report.
Payment of IB Protocol Legal Fees
The IB Protocols were implemented on 1 March 2002, which included a fee structure.
The payment of IB Protocol fees are subject to:

  • agent request for the provision of treating doctor information from the workers legal representative
  • provision of treating doctor information prior to the impairment assessment
  • completion and submission of a Solicitor Inquiry Form with the WORKER'S CLAIM FOR IMPAIRMENT BENEFITS FORM
  • establishment of the injured workers entitlement to s98C or s98E benefits
  • submission of only one itemised bill per claim at the end of the process, which is signified by the acceptance of the Notice of Entitlement

Fees are not payable on claims resolved solely for hearing loss.
The following table of fees were applicable between 1 March 2002 and 31 January 2008


Completion and submission of Solicitor Injury Form $150
Collection and submission of all treating doctor reports $300
Provision of advice to injured worker regarding common law election $250

On 1 February 2008 the fee structure within section 5 of The IB Protocols was reviewed and adjusted to reflect legislative changes to the Impairment Benefits claim process and to provide incentive payments to Legal representatives for improved benefit delivery to workers.
The following table of fees was applicable to all;

  • worker's response forms received by the Agent between 1 February 2008 and 31 January 2009 accepting the initial Notice of Entitlement; or
  • Medical Panel opinions dated between 1 February 2008 and 31 January 2009.


IB impairment percentage Base Fee Additional fee if accepted response within 60 days of NOE* Additional fee if accepted response within 30 days of NOE* Additional fee for Medical Panel referral which results in a greater NOE*
< 30% / S98E $700 $50 increase [$750] $200 increase [$900] $300 increase [$1,000]
> than or = to 30% $920 $50 increase [$970] $200 increase [$1,120] $300 increase [$1,220]

* NOE: Notice of Entitlement

  1. There is only one additional fee payable
  2. If a matter is referred to the Medical Panel and the monetary entitlement defined within the initial NOE is less than or equal to the monetary entitlement within the Medical Panels NOE, no additional fee is payable
  3. These fees will be indexed annually
  4. All amounts are GST inclusive
  5. WorkSafe will apply an allowance of 3 days to cover mailing of the Notice of Entitlement.

In accordance with the re-structured fee schedule the IB Protocol fees were indexed on 1 February 2009. The following table displays the 1 February 2008 fee structure together with the indexed fees, effective 1 February 2009.
The indexed fees are applicable to all;

  • worker's response forms received by the Agent on or after 1 February 2009 accepting the initial Notice of Entitlement; or
  • Medical Panel opinions dated on or after 1 February 2009.


Item Number Fee Description - Payment Type 239 Fee Effective Date#
1 Feb 08 1 Feb 09
2963
  • < 30% / S98E
  • Workers response received by agent > 63 days after date of NOE
 $700 $723
2933
  • < 30% / S98E
  • Workers response received by agent > 33 days and < 64 days after date of NOE
 $750 $774
2934
  • < 30% / S98E
  • Workers response received by agent < 34 days after date of NOE
 $900 $929
3063
  • ≥ 30%
  • Workers response received by agent > 63 days after date of NOE
 $920 $950
3033
  • ≥ 30%
  • Workers response received by agent > 33 days and < 64 days after date of NOE
 $970 $1000
3034
  • ≥ 30%
  • Workers response received by agent < 34 days after date of NOE
 $1120 $1160
MPNIL
  • Medical Panel entitlement NOE
 $700 $723
MP29
  • < 30% / S98E
  • Medical Panel entitlement > NOE
 $1,000 $1030
MP30
  • ≥ 30%
  • Medical Panel entitlement > NOE
 $1220 $1260
  • # The indexed Impairment (Sections 98C & E) Protocol fees apply to all:
  • Worker's response forms received by the Agent on or after the Fee Effective Date, accepting the initial Notice of Entitlement; or
  • Medical Panel opinions dated on or after the Fee Effective Date.
  • NOTE: Payment of the Impairment (Sections 98C & E) Protocol fees is subject to all conditions and requirements as specified within the Impairment (Sections 98C & E) Protocol document, re-released 1 February 2008.
  • GST: All Impairment (Sections 98C & E) Protocol fees are inclusive of GST.

Invoicing Requirements:
To enable the prompt process of fees, please ensure invoices are itemised and quoting:
"Payment Type 239" and the relevant "Item Number xxxx"
WorkSafe practice ID Lxxx and/or provider number if possible.

Further Information:
• Impairment (Sections 98C & E) Protocol
• Impairment (section 98C&E) Protocols Explanatory Memorandum
• Impairment (Section 98C&E) Solicitor Inquiry Form
• Impairment (Sections 98C and E) Protocol Indexed Fee Schedule (effective 1 February 2009)

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