Negotiation, power in conciliation, and review of compensation claims
Workers Compensation claims are not interpersonal disputes. Almost always they are disputes between individuals and corporations. Compensation insurers are "repeat players" in the system. Workers are often "one-shotters" who have little or infrequent contact with the system. Powe...
| Main Author: | |
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| Format: | Journal Article |
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Blackwell Publishing
2002
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| Online Access: | http://hdl.handle.net/20.500.11937/35725 |
| _version_ | 1848754573404012544 |
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| author | Guthrie, Rob |
| author_facet | Guthrie, Rob |
| author_sort | Guthrie, Rob |
| building | Curtin Institutional Repository |
| collection | Online Access |
| description | Workers Compensation claims are not interpersonal disputes. Almost always they are disputes between individuals and corporations. Compensation insurers are "repeat players" in the system. Workers are often "one-shotters" who have little or infrequent contact with the system. Power inequality between the worker, employer, insurer, and those who are required to facilitate negotiations and resolve and settle disputes under compensation legislation are matters of con- siderable importance. This paper examines the effects of the implementation, in 1993, of informal dispute resolution processes in the Western Australian workers compensation system under the Workers Compensation and Rehabilitation Act 1981(WA), which excluded lawyers from the process. It argues that preexisting power imbalances have been aggravated by these procedural changes, and in particular, by the exclusion of legal practitioners from the dispute resolution process. The issues raised herein have general application to most workers compensation systems. |
| first_indexed | 2025-11-14T08:42:33Z |
| format | Journal Article |
| id | curtin-20.500.11937-35725 |
| institution | Curtin University Malaysia |
| institution_category | Local University |
| last_indexed | 2025-11-14T08:42:33Z |
| publishDate | 2002 |
| publisher | Blackwell Publishing |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | curtin-20.500.11937-357252017-09-13T16:07:46Z Negotiation, power in conciliation, and review of compensation claims Guthrie, Rob Workers Compensation claims are not interpersonal disputes. Almost always they are disputes between individuals and corporations. Compensation insurers are "repeat players" in the system. Workers are often "one-shotters" who have little or infrequent contact with the system. Power inequality between the worker, employer, insurer, and those who are required to facilitate negotiations and resolve and settle disputes under compensation legislation are matters of con- siderable importance. This paper examines the effects of the implementation, in 1993, of informal dispute resolution processes in the Western Australian workers compensation system under the Workers Compensation and Rehabilitation Act 1981(WA), which excluded lawyers from the process. It argues that preexisting power imbalances have been aggravated by these procedural changes, and in particular, by the exclusion of legal practitioners from the dispute resolution process. The issues raised herein have general application to most workers compensation systems. 2002 Journal Article http://hdl.handle.net/20.500.11937/35725 10.1111/1467-9930.00135 Blackwell Publishing restricted |
| spellingShingle | Guthrie, Rob Negotiation, power in conciliation, and review of compensation claims |
| title | Negotiation, power in conciliation, and review of compensation claims |
| title_full | Negotiation, power in conciliation, and review of compensation claims |
| title_fullStr | Negotiation, power in conciliation, and review of compensation claims |
| title_full_unstemmed | Negotiation, power in conciliation, and review of compensation claims |
| title_short | Negotiation, power in conciliation, and review of compensation claims |
| title_sort | negotiation, power in conciliation, and review of compensation claims |
| url | http://hdl.handle.net/20.500.11937/35725 |