90CDisagreements, &c., about reviews

90C Disagreements, &c., about reviews

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

(1)  Subsections (2) and (3) apply in relation to a worker if the worker –

(a) refuses without reasonable excuse to submit to an independent medical review or examination when required under section 90A to do so; or

(b) in any way obstructs such a review or examination; or

(c) refuses to submit to, or undertake, any treatment required in accordance with section 90A(7) .

(2)  If this subsection applies to a worker, the worker, the worker's employer or the employer's insurer may refer the matter of the worker's refusal or obstruction to the Tribunal.

(3)  If this subsection applies to a worker, the worker's right to compensation and to take any proceedings under this Act in relation to compensation is, except if the treatment to which the worker has refused to submit is surgical treatment, suspended until the matter has been determined by the Tribunal.

(4)  If –

(a) a copy of a report is served under this Division on a worker's primary treating medical practitioner, the worker's employer, or the employer's insurer; and

(b) the worker, employer or employer's insurer are unable to agree as to –

(i) whether, or to what extent, the worker's incapacity is due to the injury in respect of which the worker is claiming or receiving compensation; or

(ii) the worker's condition or fitness for employment –

the worker, the employer or the employer's insurer may refer the matter to the Tribunal.

(5)  In determining whether an independent medical review, or an examination of a worker, ought to be conducted, the Tribunal must have regard to the following matters:

(a) whether the reviewer has the appropriate expertise to properly assess the worker's injury;