GB Advantage Issue
Gallagher Bassett News
Gallagher Bassett News
GB team recognised for
customer service excellence
customers to GB’s role in handling
claims. Claims were prioritised, for
example, fridges full of food or people
with special needs were managed before
broken clock radios, he said.
GB liaises with customers and organises
repairs or replacements for electrical
appliances or equipment. Bill said
although a large team worked on the
Labrador incident, Maree and Maria
were the main customer contact
Ms Baker said customers were very
complimentary about the service they
received from Maree and Maria, which
prompted the supplier to present them
with the award.
Left to right: Darryl Bensted, ENERGEX Insurance Manager; Marianne Baker, ENERGEX Insurance Claims Officer; Christine
Cordes, ENERGEX Insurance Claims Officer; Karen Buckman, ENERGEX Insurance Claims Officer; Bill Dwyer, GB Liability
Manager; Maria Men, GB Claims Administration Assistant and Maree Bennett, GB Claims Administration Assistant. GB is now eligible for an external
supplier customer care award, part of
Two GB claims assistants have been ENERGEX Acting Insurance Manager ENERGEX’s annual award presentations.
recognised by Queensland electricity Marianne Baker said GB had managed In the past, GB has received four
and energy supplier ENERGEX for multiple claim situations and personal ENERGEX supplier quality awards and
exceptional customer service. injury claims for the energy supplier for been a finalist in the customer care by a
more than a decade. contractor award twice.
Maria Men and Maree Bennett were
the key personnel who handled claims She said the workload varied, but
on ENERGEX’s behalf when a supply ENERGEX appreciated GB’s ability to
fluctuation caused equipment failures get people onsite quickly and “ramp up”
for about 110 customers in the Gold its call centre to deal with an influx of
Coast suburb of Labrador in April 2009. claims. “They’re ready and waiting when
we give them a call,” she said.
Their award citation reads: “For the
provision of consistent customer service
and prompt responses to customers
“We’ve built a good rapport
who claim against ENERGEX for over the years; they know
damaged electrical installations and
appliances following faults on the
our business and our
ENERGEX network.” In particular, the expectations.”
pair handled the Labrador claims in “a
professional but understanding manner Bill Dwyer, GB Team Leader – General
[to] successfully resolve claimants’ Liability, said GB conducted letter-
concerns”. box drops in affected areas to alert
2 Games retailer
makes RTW support
a high priority
4 MERV automates
GB risk registers 5 GB expands in NZ
7 Bear trap catches
We manage claims... better
2 GB Advantage
Games retailer makes High Court rules:
RTW support a high priority ‘no relevant duty
The High Court has ruled that a
publican did not owe a duty of
care to a man killed when driving
home on a motorbike from a hotel
The High Court decision overturns
a decision of the Full Court of the
Tasmanian Supreme Court (see GB
The High Court allowed two appeals
and ordered the Tasmanian Motor
Accidents Insurance Board (MAIB)
and the motorcyclist’s widow,
Sandra Scott, to pay costs to CAL
No 14 Pty Ltd, trading as Tandara
With about 2,700 staff spread predominantly manual handling claims, Motor Inn, in Triabunna, Tasmania.
throughout Australia and New Zealand, including shoulder, knee and back
injury management was always going to injuries. Also several transit claims, for In January 2002, Shane Scott had
be a headache for games retailer people injured travelling to or from work. left the hotel to drive 7km home on
EB Games. his wife’s motorbike. He had drunk
Nicole Glover, Manager of GB’s National seven or eight cans of bourbon
The chain has 350 stores in Australia, Workers’ Compensation Oversight Model, and cola. Earlier, the publican had
38 in New Zealand, and said GB had drafted rehabilitation policy locked his bike in a storeroom, but
two warehouses. and procedures manuals for EB Games, Scott had later asked for the keys
which had incorporated its OHS policies back and decided to ride home. He
Finance Director Andrew Thomson said into them and distributed them to all crashed into a guardrail and was
the company realised that with staff stores. fatally injured.
spread across such a large geographic
area, in-house injury management was His widow had sued the hotel
“That ensures overall injury proprietor and the publican and the
management is centralised Tasmanian decisions had ruled in
her favour. MAIB sued to recover
Instead, the major retailer last and consistent,” Nicole payments it had made to her. Mrs
year appointed GB as its national
rehabilitation and return-to-work said. With store managers Scott argued the publican should
have called her to collect
(RTW) co-ordinator. dealing only occasionally her husband.
Mr Thomson said supporting staff with claims, the manual
But the High Court found the
throughout their rehabilitation and RTW helps them understand how proprietor and the licensee
was a key priority for EB Games. “We
didn’t have the expertise in-house to do to handle a claim if one “must succeed for each of three
independent reasons. First, even if
that but, having seen GB in action, we occurs,” she said. there was a duty of care, and even
realised they had the knowledge and
experience to provide excellent support.” if it was breached, it has not been
GB assists with developing suitable
shown that the breach caused the
duties and monitoring the RTW plan
When a worker is injured, a member of death. Secondly, even if there was
in the workplace – something a busy
the GB team contacts them and their a duty of care, it was not breached.
store manager has little time to oversee.
store manager. GB completes all the Thirdly, there was no duty of care”.
Nicole said injured employees were keen
paperwork for the relevant workers’ to get back to work quickly. EB Games
compensation jurisidiction, submits the was “very proactive in looking after its
claim to the insurer, continually monitors employees and keen to have systems in
the claim and drafts RTW and suitable place to ensure the chain is compliant
duties plans. and helping workers RTW as soon as
The GB-EB relationship began in
May 2009, and 13 claims have Mr Thomson said staff feedback was
been processed so far. They were very positive about the GB experience.
GB Advantage 3
GB and partners win major mining contract
GB has successfully teamed with Paul said GB’s Adelaide office would Perth private hospital in the shortest
two West Australian partners to win handle the claims review component possible timeframe anytime of the day or
a claims review-injury management and Aurenda the injury night,” Paul said.
contract for the Fortescue Metals management role.
Group (FMG). “We will arrange everything and have
He said FMG was a rapidly growing the most appropriate medical expert
FMG is one of the world’s largest iron mining company with an impressive available at the hospital when the injured
ore producers. In its first full year of track record. “FMG has built its own worker arrives.”
operation in 2008-2009, it mined, shipping port and railway line and has
railed and shipped more than 27 million major mining sites in north-western WA Given FMG’s positive, people-focused
tonnes of iron ore to customers in China with plans to open another major site culture, that was “exactly what they were
from its port site at Anderson Point, Port very soon. looking for”.
“Winning this business has created a “The goal is to identify every
GB’s SA and WA General Manager Paul great deal of interest in the WA market
possible opportunity to improve
Easter said GB had set its sights on as it sees the SBA Gallagher, Aurenda
winning some claims business in the WA and GB partnership as a serious player workers’ chances of returning to
market and for 12 months had worked in the injury and claims meaningful duties,” Paul said.
very closely with SBA Gallagher, a Perth- management arena.”
based specialty brokerage company. GB’s SA office would play a key role
Paul said their success was attributed in reviewing claims handling and work
“We recognised early that the WA to the three organisations clearly closely with the insurer, GIO.
workers’ compensation market is understanding and defining their areas
different, so we needed some local of expertise and pulling them together Paul said working with GIO built on the
expertise and representation,” he said. into a single proposal. strong relationship that already existed
between GB and the Suncorp group.
GB teamed up with Aurenda, a “The joint tender submission identified
successful, well-regarded WA-based to FMG management, a seamless “We expect the tripartite arrangement
injury management organisation that process of handling the full management with Aurenda and SBA Gallagher to be
focuses on assisting employers to of an injury anywhere, anytime in WA, very successful as we venture further
reduce the financial and human cost of from the time of occurrence through to into the west and particularly into niche
workplace injuries. return to work, with the least amount of markets, such as mining, in
stress for the injured worker. WA and SA.”
After substantial negotiations, GB,
Aurenda and SBA Gallagher were “If an incident occurs that requires Paul said the arrangement demonstrated
successful in winning a contract for immediate medical evacuation, we are GB’s ability to work with partners to
injury management and claims review ready to coordinate a medical team and produce an effective, unique product
services for FMG. aircraft and can have the worker in a for clients.
4 GB Advantage
providers to help
GB risk registers
From 1 July 2010, WorkSafe Victoria
(WorkSafe), along with other workers’
compensation jurisdictions, will
adopt the Nationally Consistent
Approval Framework for Workplace
Rehabilitation Providers (NCF).
A national framework for workplace
rehabilitation providers is intended to
provide a robust approval system across
the workers’ compensation authorities
and establish standards designed
to deliver high quality workplace
rehabilitation services to workers,
employers and insurers.
GB has expanded its risk time and giving stronger accountability
management capabilities with a new and visibility. MERV gives the board
The framework will remove some of the online program that automates GB’s and senior executives instant access
difficulties associated with delivering risk registers. to live data during meetings and at
Occupational Rehabilitation (OR) their desktops.
services across different jurisdictions, The Management Enterprise Risk
and it will provide more consistency for Vehicle (MERV) was developed in- MERV includes a control repository,
employers with workplaces in multiple house and is an important milestone which standardises control language,
jurisdictions. for GB’s risk management programs. application and evaluation criteria
across GB’s business functions,
GB’s National Risk Manager Andrea including finance, HR, claims
Adoption of the NCF will coincide with
Kanserski said MERV replaced operations, premiums and payments.
a WorkSafe tender for organisations Business unit managers have
GB’s Excel-based spreadsheets,
wishing to deliver OR services to injured allowing easier access by GB’s risk responsibility for adding, revising and
workers in Victoria from 1 July 2010 owners. MERV linked GB’s strategic approving new controls.
onwards. The new arrangements will and operational risks back to the
reflect WorkSafe’s commitment to company’s business plans, allowed “We’ve gone from a clunky Excel
partner with rehabilitation providers contractual risks to be aligned to format to a streamlined tool
to improve return to work outcomes their client accounts and gave project
that’s easy to follow and has
through better access to high quality managers the ability to assess project
risks and manage them electronically
a good history log, so we can
services. follow the transitioning of risks
to achieve project outcomes.
and cost of risk mitigation,”
In order to provide OR services for
The project began six months ago Andrea said.
WorkSafe from 1 July 2010, providers
when Andrea documented the system
will need to meet the NCF requirements requirements. While off-the-shelf The automated system is linked to
and be a successful respondent to systems were available, she said GB’s product support function, giving
WorkSafe’s tender process. GB needed a tailored program that the audit team direct access to risk
allowed the company to integrate assessments to support independent
To make an NCF application and to its risk registers with existing validation of risk controls and ratings.
find out more about the tender, visit: applications, such as business plans,
worksafe.vic.gov.au and click through audits and financial information. “GB now can obtain clear, consistent
to ‘Healthcare Providers > Occupational risk reports against approved risk
Rehabilitation > New arrangements for There was extensive consultation register information,” Andrea said.
with stakeholders before the system
was developed and considerable MERV allowed GB to demonstrate
testing before it went live. Further continuity of risk management
Each year WorkSafe and Victorian enhancements to MERV would practice and audit control testing - all
rehabilitation providers help around support GB’s IT security arrangements within one management tool.
7,000 injured workers get back to work. and compliance with ISO 27001.
When injured workers return to work, Andrea said GB executives and
everyone benefits – workers, employers, Andrea said MERV automated corporate and operational teams were
their families and the community. previously manual functions, reducing now participating in MERV training.
GB Advantage 5
GB expands in NZ
Terrance Coe, previously a Business “The accident does not need to be work by integrating injury prevention initiatives
Development Manager in GB’s related; it could be falling off a ladder with injury management processes,”
Melbourne office, has returned to at home or a weekend sports injury. Terrance said.
Wellington to be GB NZ’s National Think of the scheme as a very broad
Manager Business Development. social insurance program covering Peter Walker, GB General Manager –
New Zealanders who sustain injuries Business Development, said: “It is an
GB sees the NZ market as having and includes cover for visitors to NZ,” ideal time for GB to offer the NZ market
significant growth potential and Terrance said. its knowledge gained from more than 40
Terrance’s appointment is the next step years of global claims management and
in a three-year business plan for GBNZ. While the scheme’s fundamental injury prevention experience. As one of
Terrance will generate new business ideology differed from Australia’s the world’s largest and most successful
and open a new branch in Wellington to workers’ compensation, there were third-party claims managers, GB can
support clients in the southern part of enormous similarities in show NZ employers what we can do to
NZ’s North Island. claims management. reduce their costs.”
Before joining GB in 2006, Terrance “Personal injury and Peter said Terrance’s prior ACC
worked for 14 years at NZ’s Accident experience and expertise gained through
rehabilitation principles hold
Compensation Corporation (ACC). working with large organisations in NZ
His roles included Corporate Account
true, whether the person and Australia offered value to current
Manager and National Premium Services sustains injury at work or and potential NZ clients and made
Manager, where he was responsible for elsewhere,” he said. him an obvious choice to lead GB’s
the run-out of NZ’s experience-rating development in Wellington.
system and managing queries from With NZ announcing increases to
employers and self-employed people levy rates, there is renewed interest Terrance is undertaking a Masters in
when privatisation was introduced to the in the ACC’s Accredited Employers’ Management (Personal Injury) at Deakin
NZ market. Program (AEP), commonly referred University and enjoying being back
to as the partnership program. It in NZ’s cooler climate, with his wife,
He said it was a common misconception enables employers to take a degree Donna, and two young daughters.
the ACC scheme was NZ’s version of self insurance, while retaining the
of Australia’s workers’ compensation government scheme’s support. Through GB processes are about early and
system. “The overall scheme is split AEP, employers self manage the work effective rehabilitation and providing
into various accounts, such as work, account component of the broader solutions to prevent injuries occurring.
non-earners, earners and motor, but the ACC scheme. To discuss what GB can do to reduce
scheme is a comprehensive, no-fault NZ employers’ workplace premium and
compensation program covering injury “That gives them greater control and injury costs, phone Terrance
caused by accident. enables them to reap financial benefits on +64 (0) 49 055 977.
6 GB Advantage
GB offers Claims GB to manage ComfortDelGro
Cabcharge fleet claims
GB continues to assist clients to
manage their workers’ compensation
and occupational health and safety
needs in 2010.
To ensure clients are well informed on
those topics, GB offers a comprehensive
range of training sessions.
The following is a sample of forthcoming
courses in Melbourne and Sydney. For
a full list of courses and details on how
to register, please access the training
calendar on the website or call a GB
office for a hard copy. For web access,
go to www.gallagherbassett.com.au, click
on Solutions/Workers’ Compensation/
Statutory Schemes/Training – the training
calendar is on the right-hand side of
Role of a Return to Work Coordinator GB’s NSW General Insurance CDC, which had developed into a
12 and 13 May - Melbourne City Division has been awarded a true partnership over the past several
long-term contract, via Austbrokers years. GB also manages CDC’s NSW
2 and 3 June - Melbourne City
Canberra Pty Ltd, to manage workers’ compensation claims.
Basic Claims Management
below-deductible motor fleet claims
9 June - Melbourne City
and associated recoveries for He said, CDC had undergone rapid
Advanced Claims Management expansion in Australia and throughout
18 May - Melbourne City Asia and the UK and GB was excited
Pty Ltd (CDC).
Overview of Premium to have the opportunity to manage its
23 June – Box Hill ComfortDelGro Corporation Limited motor facility and oversee a critical
Vehicle and Safe Systems of Work is one of the world’s largest land component of its Australian business.
9 June - Melbourne City transport companies with a total
fleet size of 44,000 vehicles. It is the GB is using its propriety claims
New South Wales: market leader in Singapore and has management system, RISX-FACS®
Role of a Return to Work Coordinator a significant overseas presence. The to complement existing risk
(Advanced Session) corporation’s operations extend from management data captured by CDC.
10 June - North Sydney the United Kingdom and Ireland to
Qld Claims Management and Return to Australia, Vietnam, Malaysia and RISX-FACS® enables GB to tailor
Work Coordinator Training across 14 cities in China, including its data capture to identify adverse
31 May - North Sydney Beijing, Shanghai, Guangzhou, incident trends, such as driver
(WorkCover accredited) Shenyang and Chengdu. frequency and accident causation,
Advance Claims Management and help CDC and its depots identify
19 May - North Sydney CDC is the second-largest commuter repeat incidents.
(WorkCover accredited) bus operator in NSW and one of
Manual Handling Victoria’s larger operators. The “The appointment confirms
12 May - North Sydney company operates services as part
a growing industry view that
How to Build an Effective Health and of the NSW metropolitan bus system
Safety Culture in under the Westbus, Hillsbus, Charter GB’s management of below-
Your Workplace Plus and Hunter Valley brands. excess motor claims is second
25 May – North Sydney to none for proactive, timely
(WorkCover NSW accredited) Damien Gilhooley, GB’s National
Managing Occupational Stress Business Development Manager,
in the Workplace said the new contract enhanced third-party recovery
20 April - North Sydney the relationship between GB and successes,” Damien said.
GB Advantage 7
Bear trap catches insurer on policy definition
The word ‘bear’ does not mean ‘pay’ per claim. However Employ 14 was Justice Allsop said the argument was
when interpreting an insurance policy. insolvent and the liquidator had declined supported by the fact that the policy
to pay. Calliden argued the condition required the insured to promptly pay
That’s the unanimous verdict of the NSW was “a condition precedent to the the premium, but was silent on whether
Court of Appeal, which refused Calliden engagement of indemnity”. that applied to any excess. “There is
Insurance Ltd leave to appeal against nothing in the language of [the clause]
a District Court judgement in a case It said: “Where an excess is shown in or in the definition of ‘excess’ to suggest
involving a man injured in a the schedule, you or any other person the insured is to pay the amount of any
workplace incident. insured must first bear the amount of the excess before the insurer becomes liable
excess for each and every claim.” to indemnify the insured” for its legal
Daniel Arthur Chisholm was injured in liability to a third party suffering
March 2007 while working for labour District Court Judge Michael Elkaim personal injury.
hire firm Employ 14 and alleged had agreed with Chisholm’s argument
his injuries were caused by a fellow that the condition required the insured “No dictionary definition of the word
employee’s negligence. Employ 14’s to ‘bear’ the excess but not ‘pay’ the ‘bear’ is ‘pay’. We accept the limitations
broadform liability policy with Calliden amount. He found the excess provision on dictionary meanings, but the natural,
was valid until December 2007 and did no more than “relieve the insurer of coherent meaning of ‘bear’ is ‘to be
had a $2 million per occurrence sum liability to pay the first $25,000 responsible for’ or ‘carry’.”
insured. Employ 14 went into liquidation of a claim”.
in August 2007. He said there was “no apparent
Judge Elkaim said if Calliden’s commercial purpose in restricting
In April 2009, Chisholm sought leave interpretation were correct “it operation of the policy to only a
under section 6(4) of the Law Reform solvent insured”.
(Miscellaneous Provisions) 1947 Act to
would relieve an insurer from
start proceedings against liability whenever an insured Justice Allsop said excess clauses had
Calliden directly. was unable to pay the excess”. several commercial purposes, including:
giving the insured an interest or
Calliden resisted the application, NSW Appeal Court President James encouragement to prevent or minimise
claiming it was not required to indemnify Allsop, with whom Justice Peter Young claims; or eliminating small claims from
Employ 14. Its argument rested largely and Acting Justice Ronald Sackville the insurer’s book.
on a policy condition that required agreed, found Judge Elkaim was
Employ 14 to pay an excess of $25,000 “clearly correct”. Calliden was ordered to pay costs.
8 GB Advantage
GB Staff Snapshots
Manager Claims Specialist Senior Claims
National Workers’ - Liability Consultant
Compensation Malcolm Carroll Ian Pullar
Nicole Glover believes the demand Malcolm Carroll believes while Ian Pullar believes his role of
for assistance in the marketplace to technology and knowledge of the Project Manager, combined with 20
contain and reduce costs and premium law are important tools, the ability to years handling disability claims in
for workplace injuries has never been form effective relationships with all superannuation and insurance, has
greater. More employers want to not only stakeholders is essential to achieve supported him in his role as Claims
ensure they are compliant with complex successful outcomes for GB clients and Examiner in the Crisis Management
legislation in each state, but understand claimants. Malcolm holds a Bachelor team at GB. Ian was part of the set-up
and, where possible, drive financial and of Laws and worked as a solicitor in team when the Telstra Superannuation
cultural benefits within their organisation private practice for 10 years. He has Scheme began in 1990 and led the
and achieve the best possible outcome also worked as a loss adjuster, handling insured Benefits team for eight years. He
for workers and stakeholders. Nicole has public liability, workers’ compensation later moved into a project management
worked in the workers’ compensation and medical malpractice claims. role handling a diverse range of
industry since 2000. She holds a Malcolm joined GB in 2000. Through his insurance and superannuation matters.
Bachelor of Business and a Diploma extensive legal and insurance career, he When Ian joined GB in 2004, he brought
of Occupational Health & Safety and has acquired a broad range of skills and a wide and varied range of experience
is currently completing a Master of knowledge. He now specialises in public and skills that have allowed him to
Commerce. Since joining GB in 2007, liability, professional indemnity and achieve quality results for GB clients and
Nicole has developed and implemented product liability claims. their stakeholders.
a national outsourced workers’
compensation model, which employers
can integrate into their business to
achieve those outcomes.
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