Non compliance procedure (worker doesn't undertake Return to Work Plan (RTW))

If the injured/ill staff member has previously signed an agreement that a proposed rehabilitation and return to work plan is suitable, and he or she then does not comply with the plan, the Rehabilitation Case Manager will inform the following people that the staff member is not complying with the return to work plan:

• injured staff member (see below)
• Head, OHS Unit
• Executive Director of Administration
• University Claims Management Unit

  The Rehabilitation Case Manager will arrange a meeting with the staff member and his or her representative to resolve any issues which may be impeding compliance with the return to work program and to advise the staff member of the content of Section 36 of the Rehabilitation and Workers Compensation Act.

The Rehabilitation Case Manager will advise the Executive Director of Administration, of the problems identified and the outcome of the meeting.

If the meeting fails to resolve the problems then the Executive Director of Administration, will determine any action to be undertaken, and instruct the Rehabilitation Case Manager and/or the Claims Management Unit accordingly.

If the Claims Management Unit is advised to issue the staff member with written notification of suspension or reduction of weekly payments, such notification must be issued 21 days before the notice is to take effect.

If the injured staff member has engaged the services of a rehabilitation consultant with a contracted rehabilitation provider then the University Rehabilitation Case Manager must:

• inform both the rehabilitation consultant and the worker that the University is of the opinion that the staff member is not complying with the program;
• ask the staff member why he or she is not complying;
• inform the staff member of his or her responsibilities;
• inform the staff member of the existence of Section 36 of The Rehabilitation and Workers Compensation Act, 1986.

Important notice to injured workers

A refusal or failure by an injured worker to participate in a Rehabilitation Programme or participation in a Rehabilitation Programme in a way that frustrates the objectives of a Rehabilitation Programme may lead to a discontinuance of weekly payments pursuant to Section 36 of The Workers Rehabilitation and Compensation Act, 1986.

A refusal or failure by an injured worker to undertake work that the worker has been offered and is capable of performing or to take reasonable steps to find or obtain suitable employment may lead to the discontinuance of payments pursuant to section 36 of The Workers Rehabilitation and Compensation Act, 1986. This may also occur if a worker obtains suitable employment and then unreasonably discontinues the employment.

Last reviewed: 24 January 2007