WIC Arbitration Determinations for 2023

There have been two recent determinations issued in the last week and de-identified versions are available on the WIC website and can be read by clicking on the links below

 

 

 

 

 

1. https://www.wic.vic.gov.au/__data/assets/pdf_file/0017/16046/2023-VWIC-1-PDF.pdf

Agent’s decision dated 24 November 2022 to reject the Worker’s claim for compensation on the basis that the Worker’s mental injury was of a type which does not create an entitlement to compensation. The Agent rejected the Worker’s claim on the grounds that the Worker’s injury was caused wholly or predominantly by management action taken on reasonable grounds and in a reasonable manner by the Employer following the commencement of an investigation by the Employer.

Determination: The decision was revoked and Agent was directed to pay compensation

 

 

 

2. https://www.wic.vic.gov.au/__data/assets/pdf_file/0018/16047/2023-VWIC-2-PDF.pdf

This dispute is about whether the earnings from all of the Worker’s employers should be included in the calculation of the Worker’s pre-injury average weekly earnings (‘PIAWE’).

The Worker was working for two employers in the health care sector at the time of suffering his injury. He worked on a full-time basis as a Community Mental Health Practitioner and worked weekend shifts as his second employer, caring for a person with high needs.

Determination: The Agent was directed to re-calculate the Worker’s pre-injury average weekly earnings to include earnings from work with all of the Worker’s employers. 

 

These determinations will be made available on WIC and Austlii website. 

 

Website: WIC Resources