ACTIn ForceRegulation
Workers Compensation Regulation 2002
10Assessment by medical specialist—request by other than
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10 Assessment by medical specialist—request by other than
nominated treating doctor
(1) This section does not apply to a request by an injured worker’s
nominated treating doctor for a medical assessment of the worker by
a medical specialist.
(2) The following (the requesting person) may request a medical
assessment of an injured worker by a medical specialist:
(a) the worker;
(b) the worker’s lawyer;
(c) the worker’s employer;
(d) the employer’s insurer;
(e) the DI fund manager.
(3) At least 2 weeks before the day of the medical assessment, written
notice of the request must be given—
(a) if the request is made by the worker or the worker’s lawyer—to
the worker’s employer and the employer’s insurer; or
(b) if the request is made by the worker’s employer or the
employer’s insurer—to the worker and the worker’s lawyer.
(4) Subsection (3) does not prevent a medical assessment of the worker
happening with less than the 2 weeks notice if the parties agree to the
shorter notice.
(5) The notice must state—
(a) the reasons for the request (including a brief description of any
particular thing that led to the request); and
(b) why the medical specialist is the appropriate specialist to do the
medical assessment; and
Section 11
page 10 Workers Compensation Regulation 2002
(c) which of the following matters are to be assessed in relation to
the injury:
(i) aetiology;
(ii) diagnosis;
(iii) prognosis;
(iv) recommended medical treatment.
Example for par (a)
An insurer disagrees with an injured worker’s nominated treating doctor’s
assessment that the worker has suffered a relapse, and needs more time off work.
The insurer considers that the time off does not relate to the injury.
(6) The requesting person, and the people to whom the requesting person
must give notice under subsection (3), must give all medical evidence
about the injured worker to the medical specialist at least 2 working
days before the day of the medical assessment.