Panel lawyer summary definitions

Firm appointed date

The date that a new damages claim was first allocated to a Solicitor within the firm.

Solicitor name

Name of the Solicitor currently managing the damages claim.

WorkCover claim contact

Name of the damages claim contact at WorkCover.

Claimant name

Full name of claimant.

Statutory claim number

WorkCover's number for the statutory claim associated to the damages claim.

Damages claim number

WorkCover's number of the damages claim associated to the statutory claim.

Accident date

The date that the claimant was injured.

Claimant date of birth

Date of birth of claimant.

Claimant gender

The claimant’s gender.

Plaintiff solicitor

The firm name representing the claimant.

Employer name

Name of the employer.

Employer ABN

The employer's ABN number.

Primary Injury Description

The description of the claimant's primary injury as a result of work accident, recorded at lodgement of the statutory claim.

Psych claim

A 'Psych claim' signifies that the claimant's primary injury on the related statutory claim is psychological.

High risk claim

A damages claim with a damages estimate of more than $500K; and/or a pre-proceedings duration < 39 weeks from NOC received date, and/or litigation duration <52 weeks from statement of claim date.

High risk date

The date that the damages claim was identified as a high risk claim.

NOC type

The NOC type identified on the claim:

• Litigation
• Asbestos
• NOC
• PIPA
• Both
• PCL (Potential common law)
• Premature
• Companion

Companion NOC

Download value Y or N.

Potential NOC

Download value Y or N.

Self-insured

Download value Y or N.

Urgent

An urgent NOC has been received and the claim is awaiting compliance response. Y or N.

Liability response date

The date that the liability response was issued.

Liability response within 6 months

Was the liability response issued within 6 months of the compliance date. Y or N.

Compliance response within 10 days

A compliance response must be issued within 10 working days. Measured as the difference between NOC received date and NOC response date. Y or N.

NOC received date

Date that the NOC was received.

NOC response date

Date that NOC response was issued.

Compliant date

Date that the Notice of Claim commencing the damages claim was determined to meet all compliance requirements.

Duration (weeks)

The number of weeks that a damages claim was managed, measured  from the date the NOC type is created to Completed Date.

Excludes:

• Potential Common Law Claims

Pre Proceeding Duration (weeks)

Pre-proceedings is the duration in weeks, measured between the later of NOC compliant date or entitlement damages date to the settled date (or completed date where no settled date), when a Statement of Claim has not been filed.

Litigation Duration (weeks)

Litigation duration is measured from the ‘Statement of claim date’ to the ‘end date’. The ‘End date’ drives when this measure is reported. The end date may be derived and determined from multiple dates.

Definition of ‘End date’:

• Find the latest of the ‘Request for trial signed date’ and ‘Request for trial served date’; and
• Find the first available from the following dates: ‘Settled’, ‘Administratively closed date’ or ‘Finalised date’
• Take the earliest date found of the above statements

Pre liability duration (weeks

Pre liability is the duration in weeks, measured between the NOC compliance date to the liability response date.

Pre conference duration (weeks)

Pre-conference duration in weeks, measured between the liability response date to the compulsory conference date.

Compulsory conference date

Compulsory conference date is the first negotiation date, where the result is ‘not adjourned’ or ‘to be rescheduled’.

Resolution stage pre conference

When a damages claim was completed whilst in pre-conference stage. Download value Y or N.

Resolution stage conference

When a damages claim was completed whilst in conference stage. Download value Y or N.

Resolution stage post conference

When a damages claim was completed whilst in post-conference stage. Download value Y or N.

Resolution stage litigation

When a damages claim was completed whilst in litigation stage, and/or a Statement of claim had been filed. Download value Y or N.

Offer date

The date that the latest final offer was made on the damages claim, and it was ‘accepted’ or ‘payments generated’.

Total Damages

The total amount of damages payments paid on the damages claim.

Total Outlays

The total amount of outlays paid on the completed damages claim.

Mandatory final offer amount

The mandatory final offer amount for the damages claim.

Mandatory final offer date

The date that the mandatory final offer was made on damages claim, when the source is WorkCover.

Defence filed date

The date that defence was filed (also referred to as ‘notice to defend date’) for the damages claim.

Statement of claim date

The date the statement of claim is served for the damages claim.

Trial served date

The request for trial date served date for the damages claim.

Trial signed date

The request for trial date signed date for the damages claim.

Trial date

The trial date for the damages claim.

Trial outcome date

The date of the trial outcome (judgement) for the damages claim.

Awaiting trial

When there is an awaiting trial date for the damages claim.

Appeal date

The appeal date for the damages claim.

Settled date

The Settled date is the latest offer date with a status of accepted or damages payments generated.

NB: damages payments do not include claims that only incur outlays and are  settled for $0.

Completed date

The date that the damages claim was finalised or administratively closed.

Third party

When a third party is recorded on the claim. Download value Y or N.

Court jurisdiction

The selected Court jurisdiction recorded under Litigation on the claim.

Normal weekly earnings

This is the claimant's weekly wage as recorded on the related statutory claim.

Capacity to work

The claimant's capacity to work at the completion of their statutory claim.

Claim outcome

The claimant's return to work outcome recorded at the completion of their statutory claim.

Claim outcome date

The date the claim outcome was recorded.

Claimant claiming for

The category of compensation the claimant advised was required on statutory claim registration: Medical expenses only; Time loss claim, Report purposes only.

The claimant's occupation recorded at statutory claim registration.

Injury Location

The claimant injury and the injury location recorded at statutory claim registration.

First offer gross amount

The initial net claimant offer recorded on the claim.

Latent onset claim

Equals ‘Y’ when there is a latent injury linked to the common law claim.

For claims allocated pre 1 July 2021: Claims were either ‘specifically allocated’ or ‘randomly allocated’ to panel firms. ‘Specifically allocated’ claims included the following type of claims: employer preferred claims; open claims where a panel firm was already managing a claim; companion claims; NIIS claims; region-specific claims; simple claims; dependency claims; asbestos claims; CWP claims. If there was no allocation type, then the claim was identified as a ‘randomly allocated’.

For claims allocated post 1 July 2021: ‘Randomly allocated’ claims will no longer exist.  All claims allocated to firms post 1 July 2021 will be ‘specifically allocated’ claims following the pre-allocated reason defined below.

Pre allocated reason

Identifies the claim attribute type allocated to the panel firm for management.

The claim attributes types fall into 2 categories:

1. Allocation Model claim attribute types from 1 July 2021 ; and
2. Pre-determined allocation claim attribute types

Allocation Model claim attribute types from 1 July 2021 include:

• simple claims;
• primary psychological injury claims;
• third party claims;
• secondary psychological injury claims;
• non specific claims (claims that do not meet any of the above attributes).

Pre-determined allocation claim attribute types include:

• employer preferred claims;
• open claims where a panel firm is or was already managing a claim;
• companion claims;
• region-specific claims;
• dependency claims;
• latent onset claims
• NIIS claims

Admin closed date

This is the date that a common law claim has been administratively closed in the system. This occurs when a common law claim is closed without being settled or finalised.

Final date

The date the damages claim was completed. This is the measure date used to determine when paid damages are to be included in the corporate average damage measure. If the claim has not been finalised, but has been administratively closed, then the measure date will equal the admin closed date.

First DPI created date

This is the minimum created date in the system for the degree of permanent impairment assessment offer related to the linked statutory claim of the common law claim.

First PI claim received date

This is the date that the permanent impairment is first received.

Calculated PI date

This is the first DPI created date if it exists, else it is the First PI claim received date. If neither exist, it is null.

Settled movement date

The latest accepted offer date of a common law claim, where the claim is settled.

Actuary final date

This is the date of the largest net damages payment on a common law claim.

Litigation end date

Refer to Litigation Duration (Weeks) below for definition of end date.

Average damages measure date

This is the measure date used to determine when paid damages are to be included in the Firm KPI Average Damages.

The date of the largest damages payment. Each claim can only ever be reported in one period (if a larger damages amount is paid in a subsequent financial year, then this claim will move and be reported in the respective year).

For claims with nil damages paid, the final date on the claim dictates what period it will be reported in.

Damages Estimate

The latest cost estimate for damages.

WCQ Outlays Estimate

The latest cost estimate for WorkCover Outlays.

WCQ Legal Costs Estimate

The latest cost estimate for WorkCover Legal Costs.

Simple Claims

The associated statutory claim at allocation has neither a primary psychological injury nor a third party contributor and a claimant NOC offer of >$0 and <=$750,000.

A claim registered against an employer who had previously left the scheme and is now privately insured.

The following claims are not considered self-insured:

Where the employer transferred to Comcare, WorkCover retains the tail liability for the ultimate costs for injuries sustained prior to the date of transfer to Comcare. In this circumstance the common law claim is not identified as self-insured and continues to be managed by WorkCover; or

If a privately insured entity (not with Comcare) enters/returns to the scheme then all historical claim liability is transferred to WorkCover and the claim is no longer identified as self-insured.

Average Damages

The sum of all damages payments divided by the total number of all completed claims with a damages payment regardless of NOC type.

• *Damages Payment
  • A payment of more than $0 on a completed common law claim for either damages and/or claimant costs i.e. the sum of the WorkCover payment of Damages and Claimant Costs (Common Law Settlement) excluding GST
  • Completed claims

A common law claim that has either a final date or when no final date exists an administratively closed date.

The claim completed date dictates what period it will be reported in.

Includes all claim types where a damages payment has been made including potential, companion, self-insured, cancelled and excluded government claims.

Excludes:

• Nil Damages claims

Pre-proceedings duration

Calculation of pre-proceedings duration percentage

The difference between the NOC compliant date and 'settled date' for claims without a 'statement of claim' date (i.e. not litigated). If claim doesn't have a settled date then use the completed date.

The reporting period is driven when the Settled or Completed date fall within the designated period.

The Pre proceedings duration percentage KPI reported on the Scorecard is updated at the end of each month.

Includes:

• Latent Claims
• Self-insured

Litigation duration

Calculation of the litigation duration

A completed claim that has a Statement of Claim date.

Is measured from the statement of claim date to the settlement date.

The settlement date is the settled date, if there is no settled date then use the completed date.

If the settlement date occurs after the Request for trial signed and ‘Request for trial served date’ then the duration is calculated from the statement of claim date to the latest of both the Request for trial signed’ and ‘Request for trial served date’.

A target is set for the duration each financial year and litigation duration is expressed as the % of claims that had a duration below the target.

Includes:

• Latent Claims
• Self-insured

Overall duration (Weeks)

The 'overall duration; is the sum of 'new date' to the 'completed date', when the completed date is within the designated report period.

This is WorkCover's overall corporate measure, but not a KPI at the panel firm level.

The overall duration measure reported on the Scorecard is updated at the end of each month.

Excludes:

• Self-insured

Litigation rate %

Calculation of the litigation percentage

A completed claim with statement of claim date, expressed as a percentage of completed claims and the date within the designated report period.

If a claim is completed and is in any resolution stage other than 'Litigation' but it has a Statement of claim, then it is deemed a litigated claim.

The Litigation rate KPI reported on the Scorecard is updated at the end of each month.

Excludes:

• Self-insured

Quality & compliance

The results of the monthly targeted claim reviews which examine the adherence to relevant legislation and WorkCover's policies, procedures and protocol at various claim stages:

Major issue= 50% affect

Significant and material non-compliance with legislative timeframes, Service Level Standards or policy. For example, liability response not issued within 6 months, Defence not filed within 28 days of being served with Statement of Claim.

Acting without instructions including action or inaction on a claim that places WorkCover in an adverse position.

Significant and unjustified delay in progressing claim as a result of inaction by panel lawyer (> 6 months).

Sustained failure to communicate with insured employer in accordance with the Service Level Standards.

Moderate issue = 10% affect

Failure to comply with Service Level Standards, policy, procedure or protocol that does not constitute a major issue For example, not making initial contact with the claimant solicitor within 5 business days of claim allocation, not discussing the liability response with the employer prior to finalising the liability response

Notable and unjustified delay in progressing claim because of inaction by panel lawyer (>2 months but <6months).

The Quality & compliance KPI reported on the Scorecard is updated at the end of each financial quarter.

Customer experience

Rolling 12 month KPI based on the employer customer experience survey completed on a quarterly basis on claims that have been settled.

The Customer experience KPI reported on the Scorecard is updated at the end of each financial quarter.

Average damages

The date of the largest damages payment on a claim dictates what period it will be reported in. Each claim can only ever be reported in one period (if a larger damages amount is paid in a subsequent financial year, then this claim will move and be reported in the respective year).

For claims with nil damages paid, the final date on the claim dictates what period it will be reported in.

All claims must be settled i.e. a settled date must exist on the claim to be included in this measure. Except where a claim is completed after incurring damages payments but a settled date is never recorded. In this instance the claim is also included.

The average is determined by summing up all costs against all claims where their largest damages payment was made in that period, and dividing this sum by the total of:

• The number of claims that met the same criteria in the reporting period; and
• The number of finalised claims with nil damages paid where the final data is in the reporting period.

The damages KPI reported on the Scorecard is updated at the end of each month.

Damages = Common Law Settlement

Include:

• Settled claims
• Claims with nil damages paid

Exclude:

• Outlays are not included in damages
• Claims where total damages costs is greater than $750,000
• Companion claims where there is no NOC
• Latent claims
• Self-insured

Pre proceedings duration

Calculation of pre-proceedings duration percentage

The difference between the later of the NOC compliant date or entitlement date and 'settled date' for claims without a 'statement of claim' date (i.e. not litigated). If claim doesn't have a settled date then use the completed date.

The reporting period is driven when the Settled or Completed date fall within the designated period.

Entitlement date is the later date of either the Compliant date or the date the Notice of Assessment was issued.

A target is set for the pre proceedings  duration each financial year and pre proceedings duration.

is expressed as the % of claims that have a pre-proceeding duration below the target.

The Pre proceedings duration percentage KPI reported on the Scorecard is updated at the end of each month.

Includes:

• Self-insured

Excludes:

• Latent Claims
• Companion Claims

Litigation duration

Calculation of the litigation duration percentage

A completed claim that has a Statement of Claim date.

Is measured from the statement of claim date to the settlement date.

The settlement date is the settled date, if there is no settled date then use the completed date.

If the settlement date occurs after the Request for trial signed and ‘Request for trial served date’ then the duration is calculated from the  statement of claim date to the latest of both the Request for trial signed’ and ‘Request for trial served date’.

Represented as the proportion of claims equal to or under 52 weeks.

A target is set for litigation duration each financial year and litigation duration is expressed as the % of claims that have a litigation duration below the target.

Includes:

• Self-insured

Excludes:

• Latent Claims
• Companion Claims

Litigation rate %

A completed claim with statement of claim date, expressed as a percentage and the date within the designated report period.

If a claim is completed and is in any resolution stage other than 'Litigation' but it has a Statement of claim, then it is deemed a litigated claim.

The Litigation rate KPI reported on the Scorecard is updated at the end of each month.

Excludes:

• Latent Claims
• Self-insured
• Companion Claims

Quality & compliance

The results of the monthy targeted claim reviews which examine the adherence to relevant legislation and WorkCover’s policies, procedures and protocols at various claim stages:

Major issue = 50% affect

Significant and material non-compliance with legislative timeframes, Service Level Standards or policy. For example, liability response not issued within 6 months, Defence not filed within 28 days of being served with Statement of Claim.

Acting without instructions including action or inaction on a claim that places WorkCover in an adverse position.

Significant and unjustified delay in progressing claim as a result of inaction by panel lawyer (> 6 months).

Sustained failure to communicate with insured employer in accordance with the Service Level Standards.

Moderate issue = 10% affect

Failure to comply with Service Level Standards, policy, procedure or protocol that does not constitute a major issue For example, not making initial contact with the claimant solicitor within 5 business days of claim allocation, not discussing the liability response with the employer prior to finalising the liability response

Notable and unjustified delay in progressing claim because of inaction by panel lawyer (>2 months but <6months).

The Quality & compliance KPI reported on the Scorecard is updated at the end of each financial quarter.

Customer experience

Rolling 12 month KPI based on the employer customer experience survey completed on a quarterly basis on claims that have been settled.

The Customer experience KPI reported on the Scorecard is updated at the end of each financial quarter.

Average damages trend

Applies the ‘Average damages’ KPI definition.

Each report month is the trending duration of the previous 12 months.

Pre-proceedings duration trend (percentage)

Applies the 'Pre-proceedings duration' KPI definition.

Represented as the proportion of claims equal to or under 39 weeks.

Litigation duration trend

Applies the 'Litigation duration' KPI definition.

Represented as the proportion of claims equal to or under 52 weeks.

Litigation rate trend

Applies the 'Litigation rate' KPI definition.

Each reported month is the trending duration of the previous 12 months.

Allocated Claims

A common law - claim created within the designated period, which is allocated to a panel lawyer. This includes claims that change from potential to a NOC type other than companion. Excludes potential, companion, self-insured, cancelled and excluded government claims.

Excludes:

• Latent Claims

Allocated (MTD)

A common law claim created within the designated period, which is allocated to a panel lawyer in a given calendar month.

Excludes:

• Latent Claims

Appeal

Judgement has been received, and is awaiting appeal date.

Excludes:

• Latent Claims

Average claim cost trend

The sum of the costs for the displayed rolling 13 month period (for data captured after December 2011) divided by the number of claims for the same period.

Excludes:

• Latent Claims

Average damages

The date of the largest damages payment on a claim dictates what period it will be reported in. Each claim can only ever be reported in one period (if a larger damages amount is paid in a subsequent financial year, then this claim will move and be reported in the respective year).

For claims with nil damages paid, the final date on the claim dictates what period it will be reported in.

All claims must be settled i.e. a settled date must exist on the claim to be included in this measure. Except where a claim is completed after incurring damages payments but a settled date is never recorded. In this instance the claim is also included.

The average is determined by summing up all costs against all claims where their largest damages payment was made in that period, and dividing this sum by the total of:

• The number of claims that met the same criteria in the reporting period; and
• The number of finalised claims with nil damages paid where the final data is in the reporting period.

The damages KPI reported on the Scorecard is updated at the end of each month.

Damages = Common Law Settlement

Include:

• Settled claims
• Claims with nil damages paid

Exclude:

• Outlays are not included in damages
• Claims where total damages costs is greater than $750,000
• Companion claims where there is no NOC
• Latent claims
• Self-insured

Average duration to pre conference

Average duration taken for a claim to move from pre-conference stage to post conference stage.

(measure the timeframe between liability date and conference date).

If no result entered for compulsory conference record (not mandatory field) eg ‘settled’ but a date has been entered > then this stat will be captured.

If compulsory conference date is future dated it will not pick up duration date and till that date is present and/or past.

Excludes:

• Latent Claims

Average duration to pre liability

Average duration taken for a claim to move from pre liability stage to pre-conference stage. (measure the timeframe between compliant date and liability date) Excludes:

• Latent Claims

Average outlays

The average of all outlays on damages claims that were finalised in the period in question.

Excludes:

• Latent Claims
• Self - insured

Awaiting Judgement

Trial has commenced, and awaiting judgement.

Excludes:

• Latent Claims

Awaiting Trial Date

Waiting for a trial date to be allocated.

Excludes:

• Latent Claims

Completed Claim

A damages claim that has been administratively closed or finalised.

Excludes:

• Latent Claims
• Self-insured

Compliance response within 10 days

A compliance response must be issued within 10 days. NOC response date minus NOC received date Excludes:

• Latent Claims

Conference process

A completed claim with a settlement stage of conference process recorded against it in the negotiations screen.

Excludes:

• Latent Claims
• Self-Insured

Current damages claim

An open damages claim, including re-opened claims. This excludes claims that have been re-opened for admin purposes.

Excludes:

• Latent Claims

Damages duration

A measure of time between NOC received and it being completed. Measured in calendar days and inclusive of the start and end date (e.g. new claim and finalised on same day would equal a duration of 1). It is a complete duration and does not exclude 'walk away' or similar.

Excludes:

• Latent Claims

Durations trend

The sum of the durations for the displayed rolling 13 month period (for data captured after December 2011) divided by the number of claims for the same period.

Excludes:

• Latent Claims

High Risk damages claims

An open damages claim where the claim:

1. has a damages estimate of more than or equal to $500K; and/or
2. a pre-proceedings duration claims between 40 to 45 weeks from the NOC received date; and/or
3. a litigation duration between 30 and 35 weeks from the statement of claim date.

Excludes:

• Latent Claims

Interlocutory steps

Notice to defend completed waiting request for trial date signature Excludes:

• Latent Claims

Liability response within 6 months

This measure counts the calendar days between the “liability response date” and “Compliance date” within a 6 month period.

Excludes:

• Latent Claims

Litigation

A completed claim with a statement of claim filed.

Excludes:

• Latent Claims

Litigation duration

A completed claim that has a Statement of Claim date.

Is measured from the statement of claim date to the settlement date.

The settlement date is the settled date, if there is no settled date then use the completed date.

If the settlement date occurs after the Request for trial signed and ‘Request for trial served date’ then the duration is calculated from the statement of claim date to the latest of both the Request for trial signed’ and ‘Request for trial served date’.

Excludes:

• Latent Claims

Litigation rate

A completed claim with statement of claim date, expressed as a percentage and the date within the designated report period.

Excludes:

• Latent Claims
• Self-insured

Potential claim

A damages claims with a NOC type of PCL (potential common law) Excludes:

• Latent Claims

Pre Compliance

Common law claim received, and awaiting compliance response; excludes Urgent NOC.

Excludes:

• Latent Claims

Pre Conference

A completed claim with a settlement stage of pre-conference recorded against it in the negotiations screen.

Excludes:

• Latent Claims

Post Conference

A completed claim with a settlement stage of post-conference recorded against it in the negotiations screen.

Excludes:

• Latent Claims

Pre Defence

Statement of Claim has been received, and claim has no Notice to Defend date.

Excludes:

• Latent Claims

Pre Liability Response

NOC has been received, and claim has no liability response date.

Excludes:

• Latent Claims

Pre proceeding duration

Calculation of pre-proceedings duration

The difference between latter of either the NOC compliant date or entitlement date and the 'settled date' for claims without a 'statement of claim' date (i.e. not litigated). If claim doesn't have a settled date than use the completed date.

The reporting period is driven when the Settled or Completed date fall within the designated period.

Excludes:

• Latent Claims

Reallocated to Panel

(MTD)

When a claim has been first allocated to a panel lawyer and the claim is than reallocated to another panel lawyer.

Excludes:

• Latent Claims

Resolution stage

The stage a completed claim was in when it settled.

Excludes:

• Latent Claims

Trial Date set

Trial date set, and awaiting Trial.

Excludes:

• Latent Claims

Unknown settlement stage

A completed claim that doesn’t have a settlement stage recorded against it.

Excludes:

• Latent Claims

Variance between Mandatory Final Offer (MFO) and settlement

This is the sum of the monetary variance for all common law claim between the MFO and the settled offer, for the claims owned over a rolling 12 months. The variance is to be displayed as %.

The variance is measured by calculating the monetary difference between the "Offer Source" made by "WorkCover", and the "Offer Amount" with the "Result" status of "Settled", multiplied by 100 to make a percentage.

In some claim scenarios the MFO and the 'Settled' result will occur on the same day. When this occurs the result record of 'Settled' will not be pre-proceeded by an MFO record. In this instance the MFO and Settled result are to be counted as having occurred on the same date.

If the person who makes the MFO differs to the person who made the settled record, then the % will be applied to both common law owners.

Settlement is a record with a 'Settled' Result.

Excludes:

• Latent Claims

Compliance response is approaching

The notice of claim compliance response has not been completed and the legislative notice of claim response date is approaching.

Liability response date is approaching

A liability response has not been issued and is approaching the legislative liability response date.

Resolution plan date is approaching

Resolution plan date has not been set since the Notice of Claim was received or is approaching in 5 days.

Estimates not completed

Estimates are due to be entered for this common law claim as the Notice of Claim was received 5 days ago.

Compliance response is overdue – update is required

A Notice of Claim compliance response has not been completed and the legislative Notice of Claim response date is overdue.

Liability response date is due – update is required

A liability response has not been issued and the legislative liability response date is overdue.

Resolution plan date is overdue – update is required

A resolution plan date has not been set since the Notice of Claim was received or is overdue.

Estimates are overdue – update is required

Entry of estimates is overdue for this common law claim as the Notice of Claim was received 10 days ago.