121Assessment of medical disputes by approved medical specialists

121 Assessment of medical disputes by approved medical specialists

121 Assessment of medical disputes by approved medical specialists

(1) In this section—

approved medical specialist means a medical practitioner who is on a list of medical practitioners approved from time to time by the Authority as approved medical specialists for the purposes of this section.

medical dispute means a disagreement between a worker and the employer as to—

(a) the worker’s condition, or

(b) the worker’s fitness for employment,

but does not include a medical dispute concerning the extent of a loss, or further loss, of hearing due to boilermaker’s deafness or any deafness of similar origin.

Note.

See section 72 of the 1987 Act which requires a dispute concerning the extent of any such deafness to be referred to a medical panel under section 122.

(2) A worker or employer can refer a medical dispute for assessment to—

(a) an approved medical specialist agreed to by the worker and employer,

(b) an approved medical specialist nominated by the Principal Conciliator if the worker and employer are not able to agree on the matter.

The worker and the employer can agree that some or all of the approved medical specialist’s findings on the dispute are to be binding on them for the purposes of the worker’s claim for compensation.

(3) The approved medical specialist is to make an assessment of a dispute referred under this section and—

(a) make findings on the dispute as required by the terms of reference, and

(b) give a certificate as to those findings.

(4) The certificate is, in any proceedings—

(a) conclusive evidence of those matters certified on which the parties agreed to be bound, and

(b) prima facie evidence of any other matters certified.

(5) The fact that court proceedings have been commenced in respect of a claim for compensation does not affect the operation of this section in respect of a medical dispute concerning the claim, except as provided by subsections (6) and (7).

(6) If a medical dispute is referred under this section after the commencement of court proceedings in respect of the compensation to which the referral relates, subsection (4) (a) does not apply to any certificate issued as a result of the referral unless the worker and the employer agree that subsection (4) (a) is to apply.