Reading Guide for Medical Practitioners - WorkCover Tasmania

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NOTICE OF INJURY AND CLAIM FOR COMPENSATIONSections 32, 33 and 38NotificationWorkers must give formal notice of an injury to their employer as soon as practicableafter the occurrence of the injury and before they have voluntarily left the employmentin which they suffered the injury.They may give that notice orally or in writing but it should include their:• name• address• date of injury• nature of injury• cause of injury.Workers must make a claim for compensation within six months of an injury (from thedate of injury). However, claims after this time may be acceptable if the failure to do sowas occasioned by mistake, absence from the State or other reasonable cause.Example:Jane presents at surgery on a Fridayafternoon with lower back pain, which sheclaims is employment related. Hermedical practitioner encourages her totake her certificate back to work that dayor to phone her employer straight awayand report her injury and treatment.Injured workers have a responsibility toformally inform their employer of an injuryor accident as soon as is practicable.Reading Guide for Medical Practitioners Version: 2, June 2010Page 12 of 27
MEDICAL PANELSSections 50(1) to 55BMedical PanelsThe Tribunal will keep a register of medical practitioners who have indicated theirwillingness to be selected to sit on a medical panel. Where there is some dispute as toa medical question, and one of the parties wishes to proceed, the Tribunal will selecttwo or three practitioners from the register to form a panel. At least one member of thepanel is to be a general practitioner and one is to have particular expertise in themedical field being examined. No member of a panel can have been involved in theexamination or treatment of, or have provided any medical service, (including anyassessment of impairment) to the worker in respect to the injury in question.Medical questions that may be determined by a medical panel:• The existence, nature or extent of an injury.• Whether an injury is, or is likely to be, permanent or temporary.• A worker’s capacity for work or specific work duties.• The loss, or the degree of loss, of any of the parts or faculties of the body.• The permanent loss of the effective use of a part of the body.• The assessment of the degree of permanent impairment, including whether theimpairment is permanent.A medical panel is not bound by the rules of evidence; the panel may inform itself onany matter relating to the medical question before it. The decision of a medical panelis final and binding on all parties.A medical panel can examine a worker; require the worker to answer questions and toproduce any relevant documents. If the worker fails or refuses to attend before apanel, refuses to be examined or answer questions or produce documents, theTribunal may suspend the worker’s right to compensation until he/she complies.A worker cannot be represented by another person before a medical panel unless itappears to the panel that the worker should be represented. The worker is allowed tobe accompanied by a person of his/her choice before a medical panel.Example:As a result of a dispute as to the level ofhis impairment/incapacity, Ivan has beentold he has to attend a medical panel forexamination. He wonders if he has toattend, and what it’s all about.If Ivan fails to attend the panel, answerquestions, produce any documents orrefuses an examination, his entitlementto compensation may be suspended.The medical panel is the final arbitratoron medical questions and its findingsare final and binding on all parties.Reading Guide for Medical Practitioners Version: 2, June 2010Page 13 of 27
Page 2 and 3: READING GUIDEWORKERS REHABILITATION
Page 5 and 6: SECTIONS OF THE ACT RELEVANT TO MED
Page 7 and 8: The more familiar a primary treatin
Page 9 and 10: The medical practitioner's roleThe
Page 11: JOURNEY CLAIMSSection 25(6)(a) and
Page 15 and 16: A worker’s weekly payment will no
Page 17 and 18: ADDITIONAL COMPENSATION FOR TRAVELL
Page 19 and 20: INJURIES CONTRACTED BY GRADUAL PROC
Page 21 and 22: WORKERS’ AGE LIMITATIONSSection 8
Page 23 and 24: within seven days, serve a copy of
Page 25 and 26: work performed. Medical practitione
Page 27: FALSE OR MISLEADING INFORMATIONSect

Reading Guide for Medical Practitioners - WorkCover Tasmania

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