Opinion

OPINION TREVOR HASKELL PASA Deputy President Minimizing the pain of "STRESS" CLAIMS 24 to-work co-ordinators and the like review of what happened to get to a Police Journal Few workers' compensation claims in SAPOL relate to so- tend to see psychological claims as point at which a claim is submitted. called "stress" or caused by the interactions of Now, the notion of an objective review psychological injuries. Those that do, individuals. It is easier to focus on the will nearly always be invoked when however, can involve great costs, individual than to try to work out the physical injury occurs, but rarely when April 2005 owing to the potential for extended involvement of the workplace psychological injury occurs. Despite periods off work for claimants. That structure, including management legislation claiming that the current means personal and financial costs to action ­ or inaction ­ as a cause. This scheme is a no-fault scheme, "stress" www individuals, and their families, focus will see mediation or change of claims invariably end up in some form workplaces and service areas, as well location as the solutions into which of "did-didn't" argument. This can .policejournalsa.org.au as SAPOL. energy is directed. often filter through to the way the claim To deal with "stress issues" sooner Employee Assistance Section ­ is managed by the parties involved. rather than later is to serve Psychology and/or Welfare may be The claims manager is, however, everyone's best interests. But involved before or during a claims going to make a determination that discussion within workplaces about process. The role is initially one of will have a significant impact. While what constitutes stressors is often offering support to the employee claim managers might not see lacking; and, when a member takes (including, in some cases, funding for themselves as the "judge", it is what sick leave for psychological reasons, external psychological assessment they initially are. others often stand back so as not to and treatment) and, when asked, to How they judge is, of course, create further distress. provide a consultancy role to determined by their existing SAPOL implemented an absence- management. Psychology may be mindsets. That is, they are not a and-injury-management policy, which required to do a return-to-work neutral or independent party. They gives some guidance as to assessment. Welfare may be seen by may be employee-focused or departmental expectations. some as too employee-focused. In management-focused; fair, caring, Psychological claims can become effect, they (we) are employee- pragmatic ­ or not; or they may have highly emotive; and judgements of focused, but we would argue that we the Wisdom of Solomon but, at some good and bad are often made. This do operate in the real world (although point, they will make a claim does not help the resolution processes. others would disagree). determination as the judge. A cast of players might get involved Preventions ­ they will review They will call for "independent when one submits a claim. So who physical injury claim causes but not medical advice", and the solicitor features in it? psychological injury causes. acting for the member will call for Managers/supervisors ­ SAPOL's Unions ­ in SAPOL, both the main "independent medical advice", which included, have a tendency to look at unions provide support to members might provide no clarity to the matter. psychological injury as caused by an when they have a psychological injury But, needless to say, claims individual weakness rather than a relative to the workplace. In PASA, managers usually decide that their systems problem. most members are referred to "independent advice" is better than Individuals ­ may be reluctant to external legal people. the other and determine the claim on accept that, where workplace distress Payroll ­ the poor payroll staff will try that. (History does tell us that the is an issue, they have some part to to work out what to pay the employee medico who has been treating the play in the process of the and, during the assessment phase, employee is the one with the most development of the distress, and may this may be completely chaotic. The valid view and more likely to be see the process as a way to vindicate paper trail is very important because, accepted by the appeal arbiter). that which they experience. if the claim is not determined, the Whether a claim is accepted or Claims managers ­ see the need for member will need an additional set of rejected, it is likely that one side or process as the cure-all to their paperwork (sick leave, leave bank, the other will feel aggrieved, judgement of claims. Their process annual leave etc) to ensure he or she vindicated, blamed, heartened or will usually include seeking gets paid. When the claim is angered by the process, or a "independent" medical advice in most accepted, the Payroll staff will have to combination of all or some. stress claims ­ which takes time. reverse it all. Often, one or both sides will seek to Rehabilitation consultants ­ return- Most often missing is an objective ensure the claim determination goes its way, and will go to the legal experts are brilliant at it, but still won't prevent before, during or after the determination or eliminate the potential for just to ensure it has good legal psychological injuries. Rather, they will precedent. Perhaps not surprisingly, minimize the likelihood and, when both sides might end up with directly injuries do occur, minimize the pain and opposite good legal advice. work to identify the true causes and Underlying the determination is the deal with them for the good of all. knowledge that rarely does an alleged stress claim not win approval. It might Royal commission report take two years of brawling (very worth reading helpful to the treatment process) but A test for serving members only. Calendar most of them get up and the costs Where does the heading The Integrity become significant. Factor as a Member of SAPOL come The key to saving pain is in the from? of Events reasoned review of the true causes. It A hint? One can find it with a paper 25 is never as simple as: "They overwork titled The Integrity Factor in Leading SA Police Anzac Memorial Service Police Journal me", or "They are in the wrong job". and Managing or Maintaining a Both parties can depersonalize any Professional Workplace. Sunday, April 17, 2005 review by seeing the other as "they" On a recent exploration of the and determining that, because I am a Intranet, I came upon these headings Police Foundation Day (Adelaide) good person, the other must be bad. in the Service Enhancement Branch 90th Anniversary Women in Policing (SA) April 2005 The determination of a claim might site. Obviously, the headlines jumped Thursday, April 28, 2005 provide some realization that out at me, and called me to read on. something needs to change at the Well, not quite, but they did arouse my Police Officer of the Year presentation www workplace. If the management team idle curiosity, particularly because they and the worker/s involved can agree Tuesday, May 10, 2005 .policejournalsa.org.au also had with them a report on the that change is needed, the seed of SAPOL perspective on the WA Police resolution can take root. royal commission. SAPOL Medal Parades (2) This is where the real work must be The one on the royal commission is Tuesday, May 17, 2005 done if the pain is to be quickly resolved an easy read. It raised some very for all. Rarely will either of the parties pertinent points on policing. The Recognition of Service Ceremony see the events with independent eyes. acknowledgement for researching and Friday, June 24, 2005 Historically, we have all seen sense in drafting it goes to Constable Andrew the "injured party" going off for Holliday. Well done, Andrew, for assessment and some intervention Police Association of South Australia making it readable. therapy, but rarely is that same Retiring Members' Dinner I will not take up the issues but assessment and intervention sought for merely encourage all to have a read. Friday, June 24, 2005 the workplace structure. It is presumed There are certainly some stimulating that the workplace design and function issues raised. SAPOL Medal Parades (2) is not an issue. Policing will continue to evolve and Tuesday, August 16, 2005 Even when some in the management the direction of the evolution will be team might acknowledge the causal determined by the findings of royal Recognition of Service Ceremony work issues involved, sooner or later a commissions and parliamentary Friday, August 26, 2005 manager says (perhaps because of the inquiries. Ignore them at your peril. inability to create real change) The papers on integrity are a more National Police Remembrance Day something akin to: "That's the way it is interesting read after reading the royal Thursday, September 29, 2005 and, if they can't stand the heat, commission paper, or any writing on perhaps they need to look for another police royal commissions for that work place." Police Association of South Australia matter. Many are so worn out that they Annual Delegates' Conference move on and find a positive workplace Tuesday ­ Wednesday, October 18 ­ 19, 2005 elsewhere. For Rehab workers, it is easier to move the worker on than Recognition of Service Ceremony deal with the original workplace, so Friday, November 11, 2005 energy goes that way. This is immediately seen as reinforcing the SAPOL Medal Parades (2) manager's belief that "it was just an individual thing because, to get my Tuesday, November 22, 2005 brownie points, my workplace must be faultless", and so it remains until the Band of the SA PoliceChristmas Concert next weak individual falls over. Tuesday, December 6, 2005 Each workplace comes with competing needs and interests. Balancing fiscal needs with human needs is never easy. Some managers