My partner is having issues with Work Cover, advise please

So Here's the story

My partner works as a contractor for Urban Utilities reading Water Meter in QLD. This job involves driving to the site and parking the car then walking hours in the sun, bending over and opening water meter lids and inputting the usage on her device.
In December, my partner was travelling home from work when she got rear ended by another vehicle. In the process, she got whiplash but at the time there wasn't much pain, she called her boss and they arranged work cover to sort everything out for the next day. I've never had work cover before so I thought she should be alright as they would be able to take care and make sure everything was alright.
That night she had trouble sleeping and woke up every 2-3 hours from the pain in her neck and shoulder. The next day her boss took her to an approved work cover clinic, we didn't know that you had the choice to choose your own and this is where the dramas started to happen. She reported injuries to the neck, shoulder, and lower back as well as the wrist/hand. The doctor that she saw advised her that she should be alright to work light duties the next day as the injuries sustained in the collision are light and wouldn't have any affect on her job. They gave her some medication (voltaren) and told her to go home and rest, but that she was able to drive to and from work, even though she had trouble rotating her neck. (Funny thing is she was not allowed to drive to and from the hospital (15mins away) or anywhere else but able to drive to her work head office(45mins away). She contacted her supervisor and told them she did not feel comfortable driving to work yet as it hurt to rotate her neck.
She saw a physical therapist the following day that said her neck/shoulder muscles are inflamed and that the ulna nerve was affected. He did no treatment as the muscles needed to settle first.
On the 3rd day after the accident, she went to the work cover doctor with her employer as she had numbness down the right side of her arm, leg, and face. The doctor ordered CT scans but after the scans she felt very dizzy after CT scan. Her boss saw her stumble and asked if she was drowsy and when she said yes, she called the doctor and decided to call an ambulance where she received a cervical MRI scan. She had a cervical disc bulge which the doctor said was normal, but she had never had neck pains prior to the accident.
After the weekend (3 days later), she went to see the same physio who still didn’t do any treatment to see if symptoms as it was getting worse and then saw the same doctor, who referred her to a neurology & spine surgery specialist as she told them she had tingling and numbing down arm and leg.
My partner requested the doctor to sign the CTP claim form but the doctor had refused and was told to go see another doctor with the given medical certificates from the first doctor. She went to her regular clinic and saw an osteopathic doctor that she felt more comfortable with, who said she should still be resting and referred her to a physiotherapist and another specialist. She filled the CTP claim which was approved.
The day after seeing her regular GP, she had to go to the specialist appointment. At the appointment, the doctor barely looked at her for less than 10minutes. He looked at her neck and did simple reflex tests. When told of her back pain, he didn’t believe it had anything to do with the accident and completely ignored/dismissed the lower back. In his report, it states that because she was able to drive home from the accident, it was a low velocity impact. (She stated to her first doctor that she had been going 10km to come to a stop, however, was unsure of how fast the car behind was going.) He had told her that the CT and MRI scan showed nothing wrong (which is common in whiplash injuries as its usually musculoskeletal in nature and she was fit for regular duties at regular hours.
After the weekend, she went to see the new recommended physiotherapist from her regular GP who recommended she do light duties, which were shorted hours as he could see the neck muscles were spasming. He recommended neck exercises and a heat pack. She also called WorkCover to let them know she felt uncomfortable with the employer recommended doctor and switched to her regular GP. She saw her regular GP who again recommended shortened hours as her job requires her to constantly look down at the ground which worsened her neck pain.
She worked shorted hours and continued to see the doc and physio who both recommended she be on light duties (shortened hours) and started 2 weeks after the accident. She felt okay while working at first because it felt good to get out and exercise but her neck got worse as she continued to work. The doctor continued to give her medical certificates of shortened hours until 5 weeks after the accident. However workcover told her they would no longer pay for missed work hours as they took the word of the specialist over her GP and physio so she was paid only for 2 weeks after the accident. What are her options here?
In good faith, the doctor and she extended her work hours to show improvement but she was unable to complete the extended hours completely from the pain in her neck and back. The physio told her that her case manager is a particularly difficult manager and that many of his clients complain about the clinic she was initially sent to. He also looked over the specialist report but he does not explain any tests he conducted, only mentions looking over the scans of the neck without exams to the lower back, shoulder, and hand.
Now workcover is sending her to an “independent” medical exam (IME) on Monday. She is worried that they are hired to say she’s fine and that another report against her can hurt her in claiming in CTP insurance. Can she legally not attend the exam, stop work cover, and still be able to claim through CTP insurance?
Although she would rather get reimbursed, she’s okay with losing the back pay for missed work. She is more worried about her treatment plan being stopped. She is very timid and tries to make others happy so she was trying hard to get back to work even though she had pain. She consistently reported her pain to be at a 3-4 as she considered she had no severed limbs and was able to drive away from the crash. She’ll take pain killers and feel a bit better but the pain always comes back. She is worried that since her work is timed, it’ll look inconsistent as there were days where she could push through the neck pain and other days where it hurt too much and caused her to feel dizzy/nauseous.
She is doing better now than before. She still has bad neck pains and some shoulder/back pain and stiffness in the hand but she’s able to do daily things with pain. Standing and walking for more than 7 to 8 hours still hurts and she occasionally feels nauseous, dizzy, and headaches. She has only been working 3 days a week since the holidays and is worried about being able to work all 5 days a week.
MAIN QUESTIONS
-What are her options? Particularly against the specialist report?
-How can she legally stop workcover without attending the IME and switch over to CTP?
-Will CTP also take the specialist’s word over the GP and physio?
-We would rather not involve a solicitor but should we involve a solicitor? If we involved a solicitor what is involved in legal fees? We are worried they may pull out and charge us the full legal fees.

Thank you for your time and help.

Comments

  • +2

    Here's the a TL;DR

    Injured in car coming home from work.
    Claiming Work Cover, wants to claim CTP instead.

    (I didn't read it all, so this is best guess)

  • +3

    You would be extremely foolish not to engage a solicitor, it will all be covered by WorkCover, and they will sort the whole lot out for you & tell you your rights, obligations & entitlements, then make sure you get them, period.

    /thread.

  • +4

    Never trust an IME as usually retired or suss doctors and get legaladvice as soon as possible

    • +2

      They are usually hired guns who do 99% of their work for insurers, but cleverly keep a very small Medicare caseload so that they can still claim to remain independent. We have a few that we have to deal with, IMHO they are scumbags who should be struck from the medical registry…

      I know the copy/paste reports from our local ones quite literally word for word…each one submits exactly the same report for every client, only changing the name, if that…half of them are riddled with glaring errors from constant reduplication. Many get utterly disregarded in court; but they do allow the insurer enough evidence to decline treatment & payments in the short term to cause calculated financial & emotional distress.

      The one thing that remains consistent; naturally, is the diagnosis devoid of any actual diagnostic measures, and in favour of the insurer.

  • +3

    Google work injury lawyer and your city and you'll see your options. Better to be lawyered up in this case. Good luck OP.

    Edit: my 2500'th comment!

  • +1

    An IME is perfectly routine and part of Work Cover's normal process. That said, you should still be seeing your own Doctor and keeping your certificate and abilities up to date, and not work outside of them.

    Stop accepting whatever the employer tells you as being true. It may be cost effective, or even "easier" for them, but it may not be good for your long term health and employment. Even Work Cover is just an insurance company. Many people still think they are a Government department which they stopped being some years ago. They don't have your best interests at heart, only getting you back to work, which should only happen if it is safe and appropriate.

    As driving is part of the job, a certificate should include whether you are fit for work, including any driving, a list of suitable duties and a list of not suitable duties. If the doctor's certificate says no driving - then no driving.

    Let your GP refer you to your own specialist as part of ongoing treatment, but don't assume the IME will change anything, it may simply confirm the existing diagnosis. What they are looking for is pre-existing injuries and contributing factors.

    Your employer is obliged to supply you with meaningful work, either with them or a host employer. They can stand you down as long as they continue to pay you. They cannot dismiss you within 12 months of an injury, even longer if a claim is still in place.

    Are you a Member of a Union? - if you are, ring them straight away. Otherwise, see a Solicitor. You may need to pay your own expenses along the way in terms of medical tests and treatment but costs and losses form part of any common law claim, which your Union, or Solicitor can provide you advice on. Unions provide their members with free support and legal advice in these situations.

    Urban Utilities meter readers would generally be covered by the AWU, or ETU if you're a sparkie, Together QLD if you work in the office.

    A CTP claim may still be viable but will result in a single payment some time in the future. Work Cover can pay now and ongoing. Do not forget to seek the advice of your super fund as you may be eligible for disability or income protection payments or top ups.

    TL:DR - Call your Union. See your Doctor regularly - Call a Solicitor. Follow their advice

    I am employed by a Union specifically to give this kind of advice.

    • +1

      Agree completely, contact your union and go from there.

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