An article published in The Sunday Times, Perth
Sex doctor ban delays compo cases
DOZENS of compensation cases may be stalled because a psychiatrist who assessed patients has been struck off the medical register.
Psychiatrist Robert Finlay-Jones was found guilty of professional misconduct for a range of offences, including having a four-month sexual relationship with a patient.
Dr Finlay-Jones is used by WA government agency RiskCover and several other insurance companies to assess people claiming psychiatric damage resulting from accidents.
Although based in Sydney, he had an office at Perth Surgicare in South Perth, where it is understood he assessed local insurance claimants.
The NSW Medical Tribunal banned Dr Finlay-Jones, a 55-year-old University of WA graduate, from practising in Australia and New Zealand for three years.
The tribunal claimed he abused his position of power by having a relationship with a NSW patient, who was suffering a significant psychiatric disability. The woman was a patient from July 1997 until ‘April 1998, when the pair started a four-month sexual relationship. The tribunal found Dr Finlay-Jones sought to continue treatment after the relationship started, but the patient refused.
The tribunal found Dr Finlay-Jones touched her inappropriately during treatment, such as touching her head, mouth, arms and legs and holding her hands. It noted he denied the allegations. He claimed he had gone to the patient’s home only to get help with a computer program, and that he had tried to refer her to another psychiatrist once realising she had personal feelings for him.
Insurance Commission for WA managing director Vic Evans said legal advice was being sought on whether reports prepared by Dr Finlay-Jones could still be used in upcoming cases.
“(Those) with a case still pending will say they should not be taken into considerations and they may have a legitimate claim. I don’t know,” Mr Evans said. “It will be considered on a case-by-case basis. It comes back to whether he is medically competent.
“There is not way I am alleging he is not competent.”
Lawyers Paul O’Halloran and Julian Johnson said they would challenge the use of reports by Dr Finlay-Jones on behalf of at lease one client each.
Several members of the Injured Persons Action and Support Association said they would look into re-opening their cases where judgments relied on reports by Dr Finlay-Jones.
Dr Finlay-Jones did not return calls from The Sunday Times.
A LAWYER STORY
An insurance company lawyer contacted an injured workers Doctor and Psychologist
demanding all of the workers medical records, lying that he had authority from a
review officer to obtain them. The lawyer will be the subject of a complaint to the Legal
Practitioners Complaints Committee.
REPLY TO LETTER PUBLISHED IN A WA NEWSPAPER
(The reply went unpublished)
Mr xxxxxx xxxxxxxx (letters to the editor)and the employers he represents must have their heads in the sand if they don't realise that much of the cost of workers' compensation premiums result from inefficient and expensive claims procedures.
The "uncompromising support and assistance for injured workers" this spokesperson for an employer group speaks of is a vain hope for injured workers facing the adversarial manner in which claims are handled.
In my friends case a minor medical procedure was delayed for 18 months while the insurer fought it tooth and nail but continued to pay full wages. The cost of the wage bill etc. during this period amounted to some $ 40,000, whilst the delayed procedure cost $ 2,500. The insurer wasted $ 37,500 plus their costs trying to fight this piddling expenditure, and further injury was caused through the delay.
This is why workers compensation costs are blowing out.
Call me Mr xxxxxxx and I will show you how your members' insurers can save millions of dollars, which they can pass on in reduced premiums. (Their lawyers wont like it).
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Letter to the Editor (unpublished by the newspaper)
- "Labor pledges compo overhaul" - West Australian 22 Dec 2000.Yes, cost savings from greater efficiencies is most certainly the answer.
In my experience insurance claims against household and motor vehicle policies are handled quickly, efficiently and cost effectively. However my workers compensation claim against a state government employer has been hitting brick walls regularly for years. The employer and insurer have refused to respond to the treating doctors written and verbal communications and oppose at every turn the required medical procedures to rectify the injury - until they are dragged kicking and screaming before conciliation and review officers, who have ruled in my favour on each occasion. My medical procedure was deliberately delayed for a year. The amount of money being spent trying to fight workers claims must be phenomenal. Delays have caused a serious deterioration to my original injury and resulted in additional trauma which will increase the monetary cost to be met by the employer/insurer in the longer term.
Costs for cases such as this will continue to skyrocket if employers/insurers don't wake up to the fact that it is cheaper to fix the problem quickly rather than taking their current approach.
Future enquiries into workers compensation matters should include members from the ranks of injured workers.Only then will the government be given a true picture of why problems exist in the system.
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Compo Enquiries
- "Tandem teams to probe workers compo" - West Australian 4th Nov 2000. Yet more government enquiries into this farce called "workers compensation"?
My family has been involved in three insurance claims during the past few years.
The burglary claim was settled immediately with instant window repairs and speedy compensation for lost property.The guilty party was apprehended the same day.
The motor vehicle claim was handled just as quickly and the car was back on the road within 3 days and the person responsible was successfully prosecuted.
But the workers compensation claim is a different story. The amount of money being spent trying to fight this claim must be phenomenal. The delays have caused a serious deterioration to the injured workers original injury and resulted in additional trauma which will increase the monetary cost to be met by the insurance company. And we wont mention the physical and psychological cost to the employee will we? THEY JUST DON'T CARE.
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Letter to the Editor
As the gravy train rolls on for lawyers representing insurance companies in worker's compensation claims, they take exception when people get upset at their delaying tactics.
Having witnessed such tactics by an insurance company and its lawyers in a case spanning the past 4 years, and which seems set to go on forever while the worker continues to suffer physically and mentally, I applaud the injured worker's lawyer, who was fined for discourtesy to his adversary, for trying to stand up for his client.
There needs to be an inquiry into the treatment of injured workers by these insurers and lawyers.
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