90AWorkers may be required to submit to independent medical reviews

90A Workers may be required to submit to independent medical reviews

[Section 90A of Part VII Inserted by No. 85 of 2009, s. 37, Applied:01 Jul 2010]

(1)  For the purposes of this Act, an independent medical review of a worker is a review, conducted by a single medical practitioner (other than a medical practitioner chosen by the worker) who has expertise in a field, or a part of a field, relevant to the worker's injury, and may include –

(a) one or more examinations of the worker; and

(b) a review of any diagnostic test results, or other medical records, in respect of the worker.

(2)  If a worker claims compensation or is receiving weekly payments, the worker's employer, or the employer's insurer, may require the worker to submit to an independent medical review of the worker by a medical practitioner.

(3)  A worker may only be required under subsection (2) to submit to an independent medical review if the employer or the employer's insurer –

(a) has discussed with the worker's primary treating medical practitioner the reasons why it is intended to have the review conducted; and

(b) has informed the worker, in writing, of the reasons why it is intended to have the review conducted.

(4)  A worker who is required under subsection (2) to submit to an independent medical review by a medical practitioner –

(a) is to –

(i) submit, at a reasonable time, and at a reasonable place, of which the worker has been given reasonable notice in writing, to the review, including any examination conducted by the medical practitioner as part of the review; and

(ii) be taken to have given consent to the provision, to a medical practitioner nominated by the worker's employer, of any medical reports or records that relate to the injury to which the worker's claim for compensation relates; or

(b) is to, within 30 days, refer the matter under section 90C(2) to the Tribunal.