Mr Klein, a 53 year old truck driver, injured his knee and was on weekly payments of compensation. These payments were terminated by the Claims Agent, Allianz, on the grounds that he had received 130 weeks of weekly payments and that he had a work capacity, among other reasons.  Vocational assessments obtained by Allainz identified generally a number of jobs that might be suitable for Mr Klein including process worker/product assembler and kitchen hand.  

The Victorian Ombudsman is investigating WorkSafe following a rise in complaints about WorkSafe and its Agents to 370 in the 2014/15 financial year. According to the Ombudsman, the most common complaints are about claims decisions and procedures and a failure to consider evidence. The Ombudsman will investigate whether claims have been rejected or entitlements for injured workers terminated because of financial incentives offered by WorkSafe. Independant medical examintions performed at the request of the WorkSafe Agents will also be looked at. The investigation also comes after the Accident Compensation Conciliation Service Annual Reports show that the number of Conciliation requests rose from 5.2 per cent to 13.6 per cent in the last 2 financial years.