90AWorkers may be required to submit to independent medical reviews

### 90A Workers may be required to submit to independent medical reviews > [*\[Section 90A of Part VII Inserted by No. 85 of 2009, s. 37, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS37@EN) > > > (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)](#GS90A@Gs2@EN) 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)](#GS90A@Gs2@EN) 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)](#GS90C@Gs2@EN) to the Tribunal. > > > (5)  Subject to [subsection (6)](#GS90A@Gs6@EN) , a worker is not required to submit to more than one independent medical review in any 3-month period. > > > (6)  Despite [subsection (5)](#GS90A@Gs5@EN) , a worker is required to submit to an independent medical review if – > > > > > > (a) the worker has suffered multiple injuries or the worker's injury requires the consideration of medical practitioners who are specialists in different fields or aspects of the injury; and > > > > > > > (b) the review is conducted by a medical practitioner specialising in a different injury, or a different field or different aspect of the injury, to the previous practitioner who conducted a review in the 3-month period. > > > (7)  If a medical practitioner conducting an independent medical review reports that any medical or surgical treatment specified by the practitioner will terminate or shorten the period of incapacity of the worker to whom the report relates, the following provisions apply: > > > > > > (a) subject to [paragraph (b)](#GS90A@Gs7@Hpb@EN) , the worker must submit to that treatment; > > > > > > > (b) if the worker notifies the employer, not later than 14 days after the date on which a copy of the practitioner's report has been provided to the worker in accordance with [section 90B(4)](#GS90B@Gs4@EN) , that the worker, after consulting with the worker's primary treating medical practitioner, is not satisfied with the report, the worker must submit to an examination by another medical practitioner selected by the worker who may be, but is not required to be, the worker's primary treating medical practitioner; > > > > > > > (c) the employer or the employer's insurer is to pay for the examination referred to in [paragraph (b)](#GS90A@Gs7@Hpb@EN) ; > > > > > > > (d) if the report, provided in accordance with [section 90B(2)](#GS90B@Gs2@EN) , of the medical practitioner who makes an examination in accordance with [paragraph (b)](#GS90A@Gs7@Hpb@EN) is in agreement with the report provided under [section 90B(1)](#GS90B@Gs1@EN) by the medical practitioner conducting the independent medical review, the worker must as soon as practicable submit to the treatment specified in the last-mentioned report.