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    Negotiation, power in conciliation, and review of compensation claims

    Access Status
    Fulltext not available
    Authors
    Guthrie, Rob
    Date
    2002
    Type
    Journal Article
    
    Metadata
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    Citation
    Guthrie, Rob. 2002. Negotiation, power in conciliation, and review of compensation claims. Law and Policy 24: pp. 229-268.
    Source Title
    Law and Policy
    DOI
    10.1111/1467-9930.00135
    ISSN
    02658240
    School
    School of Business Law
    Remarks

    Copyright © 2002 John Wiley & Sons, Ltd.

    URI
    http://hdl.handle.net/20.500.11937/35725
    Collection
    • Curtin Research Publications
    Abstract

    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.

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