3939Arbitration—medical referee’s report

3939 Arbitration—medical referee’s report (1) A medical referee’s report for an arbitration must state— (a) the results of the referee’s assessment of the cause or diagnosis of, or the prognosis or recommended medical treatment for, the worker’s injury; and (b) if the referee’s assessment differs from the medical evidence about the worker’s injury— (i) how the assessment differs and why; and (ii) why the referee’s assessment is preferable; and Rule 3940 (c) if the referee considered it unnecessary to assess the worker— why the referee did not consider it necessary. Example of why assessment may differ The medical evidence does not take into account relevant approved medical guidelines or clinically relevant research. (2) If there is no difference between the medical referee’s assessment and the medical evidence, the report must say there is no difference.