122Referral of medical disputes to referee or panel on application of worker or employer

#### 122 Referral of medical disputes to referee or panel on application of worker or employer 122 Referral of medical disputes to referee or panel on application of worker or employer (cf former s 131) > > (1) In 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. > > > (2) If there is a medical dispute, the registrar of the Compensation Court must, on the application of either the worker or the employer, refer the medical dispute to a medical panel or (if subsection (3) permits) to a medical referee, but only if— > > > > > (a) the worker has submitted himself or herself for examination by a medical practitioner in accordance with a requirement of the employer under section 119 or has been examined by a medical practitioner selected by the worker, and > > > > > (b) the employer or worker (as the case may be) has furnished the other with a copy of the medical practitioner’s report of the examination (being a report relevant to the medical dispute). > > > (3) A medical dispute can be referred under this section to a medical referee only if the registrar is satisfied that it is not reasonably practicable in the circumstances to constitute a medical panel. A medical dispute must not in any circumstances be referred to a medical referee if the dispute concerns the extent of a loss, or a further loss, of hearing due to boilermaker’s deafness or any deafness of similar origin. > > > (4) The registrar of the Compensation Court may refuse to refer any such medical dispute to a medical referee or medical panel if the medical practitioner’s report was not furnished to the other party within 30 days (or such longer period as the worker and the employer may agree) after it was received from the medical practitioner or within such longer period as the registrar of the Compensation Court, in the circumstances of the case, considers justified. > > > (5) The medical referee or medical panel to whom a medical dispute is so referred is to give a certificate as to— > > > > > (a) the worker’s condition, or > > > > > (b) the worker’s fitness for employment (specifying, where necessary, the kind of employment for which the worker is fit). > > > (6) Any such certificate of a medical panel is conclusive evidence as to the matters certified, except in relation to the following— > > > > > (a) the fitness of the worker for employment, > > > > > (b) the question of whether any of the following losses or impairments exist and, if so, the nature and extent of the loss or impairment— > > > > > > > (i) the loss of the sense of taste or smell, > > > > > > > (ii) the loss of sexual organs, > > > > > > > (iii) permanent brain damage, > > > > > > > (iv) the impairment of the back, neck or pelvis, > > > > > > > (v) any loss or impairment added to the Table to Division 4 of Part 3 of the 1987 Act by the regulations. > > > (7) 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 (8) and (9). > > > (8) If an application for referral of a medical dispute is made under this section after the commencement of court proceedings in respect of the compensation to which the application relates, subsection (6) does not apply to any certificate issued on the application unless— > > > > > (a) the dispute concerns the extent of a loss, or further loss, of hearing due to boilermaker’s deafness or any deafness of similar origin, or > > > > > (b) the dispute concerns compensation that is the subject of proceedings by reason of the amendment of a claim as referred to in section 102 (5), or > > > > > (c) the worker and the employer agree that subsection (6) is to apply. > > > (9) Once the hearing (or part of the hearing) of court proceedings that deals with a medical dispute has commenced, an application may not be made under this section in respect of the medical dispute concerned unless the other party consents or the Compensation Court grants leave. > > > (10) A medical panel or medical referee may call for the production of such medical records (including X-rays and the results of other tests) and other information as the panel or referee considers necessary or desirable for the purposes of the fair and proper consideration of the matter. > > > (11) If a worker, on being required so to do, refuses to submit himself or herself for examination by a medical referee or medical panel to whom the medical dispute has been referred, or in any way obstructs the examination— > > > > > (a) the worker’s right to recover compensation under this Act with respect to the injury, or > > > > > (b) the worker’s right to weekly payments, > > > > is suspended until the examination has taken place. > > > (12) If there is a disagreement between a worker and the employer as to whether or to what extent the incapacity of the worker is due to the injury, this section applies (subject to the regulations) as if the question were one as to the condition of the worker. > > > (13) The rules of the Compensation Court may make provision for or with respect to— > > > > > (a) applications and certificates under this section, and > > > > > (b) the application of this section for the purposes of subsection (12).