medical panel guide for workcover claimaints

8/3/2019 Medical Panel Guide for WorkCover Claimaints

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G u i d

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What to expectMedical Panel Examinations



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There is disagreement about the medicalaspects of your injury or condition.

Can the dispute be resolvedquickly and fairly?

Sometimes during the assessment ormanagement of a WorkCover claim, theneed arises to clarify aspects of yourmedical condition.

A Medical Panel may be asked to providean opinion where there is disagreementor uncertainty about aspects of yourinjury or condition.

A Conciliation Offi cer, a court, a WorkCoveragent or a self-insured employer may refermedical questions to a Medical Panel.

It is because an issue of this kind hasarisen, that you must attend an examination.

A Medical Panel Opinion on a medicalquestion is to be adopted and applied by anycourt, body or person and must be acceptedas fi nal or conclusive by any court, bodyor person irrespective of who referred themedical question to the Medical Panel, or

when the medical question was referred.



Contents

What will happen first? 2

Are Medical Panel doctors independent? 3

Can the Medical Panel advise me about treatment? 3

What will happen at the examination? 4

Will special tests be arranged? 5

Must I attend Medical Panel examinations? 5

Must I answer Medical Panel questions? 6

What is the purpose of the

Medical Panel examination? 6

How long will the examination take? 7

Could I be asked to see a psychiatrist? 7

What should I bring with me? 8

Will the Medical Panel contact my treating doctor? 9

What if I arrive late for the examination? 9

What if the Medical Panel is running late? 9

Can I bring a friend or family member with me? 10

Can I bring a young child with me? 10

Can I have an interpreter with me? 11

Who pays for the examination? 11

What costs can I claim? 11

Can any of my costs be pre-paid? 11

What if I am dissatisfied with

some aspect of the examination? 12

What if I am dissatisfied with

the Medical Panel Opinion? 12

Where is the Medical Panel’s office? 13



2

What will happen fi rst?

The Convenor of the Medical Panels will nominate the

doctors who will form the Medical Panel to consider

the medical questions.

The Convenor will send you a copy of the medical

questions and a list of all the material that has been

received with the referral.

On request, the Convenor will provide you with copies

of any material that you or your legal representative

do not have.

Except when you have been referred by a Court, you

should send the Convenor copies of any further material

that you wish to place before the Medical Panel.

If you have been referred by a Court, the Medical

Panel can only consider material that has been

forwarded by the Court.

The Convenor will notify you of the arrangements

for you to attend Medical Panel examinations.



3

Are Medical Panel doctorsindependent?

Yes. The Medical Panel doctors are appointed by

the Governor in Council and are independent of

employers, WorkCover agents, and of the Victorian

WorkCover Authority. In addition, the doctors will not

have previously treated or examined you (except for

any prior Medical Panel examinations).

Can the Medical Panel adviseme about treatment?

No. The Medical Panel is not permitted to advise you

on the treatment of your injury or condition. Their

role is to make an independent assessment of your

condition, and to give their opinion to the court, bodyor person who referred the medical questions.



4

What will happen at the examination?

A referral to a Medical Panel may involve you

seeing one or more doctors either individually

or jointly for examination.

The Medical Panel will ask you about the history of

your injury and condition. This will be quite detailed,

including information about your work history, previous

medical history or life experiences (in the case of a

psychiatric examination).

The Medical Panel will invite you to comment on the

medical questions, and the material that has been

provided to the Panel.

The examination will in most cases also include

a physical examination.

A thorough physical examination may require the

Medical Panel to examine parts of your body beyond

the immediate area of your injury e.g. your legs for

a back injury. It is likely that you will be required to

remove your clothing for the physical examination.

You should endeavour to wear clothing and under

garments that allow you to undress with ease for a

physical examination.

The Medical Panel may need to look at any X-rays,

test results and hospital summaries that you bring.



5

Will special tests be arranged?

The Medical Panel will check the tests that have

already been done by any other doctors you have

seen. Sometimes, the Medical Panel may need to

arrange for you to have additional X-rays, blood

tests or other basic investigations.

If these are needed, the Medical Panel will arrange

this with your treating doctor with your consent.

Must I attend MedicalPanel examinations?

Yes. When requested by the Medical Panel you

must attend an examination and co-operate with the

Medical Panel. Your entitlement to compensation

payments may be suspended if you do not. There

may also be other consequences for your claim.

The Medical Panel will attempt to arrange an

appointment at a convenient time and place but you

cannot refuse to attend except for good reason.

It is important to contact the Convenor’s office in

advance if you cannot attend an examination.



6

Must I answer MedicalPanel questions?

You are obliged to co-operate with the Medical Panel

and the examination process. If you don’t, your

entitlement to compensation may be suspended.

Speak to the Medical Panel if you have any

concerns. It is important that you fully understand

the examination process.

What is the purpose of theMedical Panel examination?

The Medical Panel answers specific medical questions

put to them by a court, body or person eligible to

make a referral.As requested, the Medical Panel may consider one

or more of the following:

• the nature of your medical condition;

• your incapacity for work and whether it is

permanent;

• what other work you may be able to perform;

• whether your treatment is appropriate for your injury;

• whether your employment was a significant

contributing factor to your injury;

• the level of any impairment from your injury;

• the extent and likely prognosis of your condition;

• whether your incapacity is due to your injury.



7

How long will the examination take?

Normally, between 30 and 90 minutes. The time will

depend on the complexity and nature of your injury.

This will be the first time the Medical Panel has seen

you, so a full history of your injury or condition will be

taken and a thorough examination will be required.

Could I be asked to see

a psychiatrist?Yes, you could be. Although your claim may not be for

a mental or emotional condition, you may be asked to

see a psychiatrist because of the way you feel about

your injury.



9

Will the Medical Panel contactmy treating doctor?

The Medical Panel may need to contact your treating

doctor, but only with your consent.

This applies to contacting not only your doctor but also

providers of any medical and related services (such as

physiotherapists and psychologists).

What if I arrive late forthe examination?

If you arrive late, it may not be possible for the Medical

Panel to see you, and another appointment may need

to be arranged.

Allow plenty of time to get to the place of theappointment. If you have any doubt about how to get

to the appointment, contact the Convenor’s office.

Staff can help you with directions and details of

public transport.

What if the Medical Panel isrunning late?

The Medical Panel is expected to see you on time,

but may be held up by a medical emergency or

unexpected work.

If you are able to wait, you will be seen as soon as

possible. If not, another examination appointment

will need to be arranged.



11

Can I have an interpreter with me?

If you need an interpreter, a qualified professional

interpreter will be arranged for you. An interpreter

will attend each examination. A friend or family

member is not allowed to act as your interpreter

during an examination.

The letter notifying you of your Medical Panel

appointments will advise you of arrangements for

an interpreter. If you have any questions concerningthe arrangements of an interpreter, contact the

Convenor’s office.

Who pays for the examination?

The cost of your examination is paid for by

your WorkCover agent or self insured employer.

What costs can I claim?

If you are asked to attend a Medical Panel

examination, you may claim the reasonable costs

of your travel, accommodation and meals fromyour WorkCover agent or self insured employer.

Can any of my costs be pre-paid?

Travel costs may be pre-paid in cases where you

would face financial hardship. If you require pre-

payment of costs you should contact your WorkCoveragent or self insured employer as soon as you receive

notification of your Medical Panel examinations.



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What if I am dissatisfi ed with someaspect of the examination?

If there is anything at all that worries you about the

examination, tell the Medical Panel. If for some reason

this is not possible, or you are not happy with what

you’ve been told, you can contact the Convenor’s

office. Complaints about aspects of Medical Panel

examinations should be directed to:

The ConvenorMedical Panels

GPO Box 2709

Melbourne 3001

Telephone: (03) 9825 1555

What if I am dissatisfi ed withthe Medical Panel Opinion?

You should seek legal advice. The Opinion of a

Medical Panel on a medical question must be

accepted as final and conclusive. The law does not

allow a Medical Panel to review its Opinion unlessby order of the Supreme Court.

As a Medical Panel has the status of a Tribunal it is

inappropriate for the Convenor of Medical Panels

or any member of a Medical Panel to enter into

correspondence with any party concerning a

Medical Panel’s Opinion or Reasons for Opinion.



13

Where is the Medical Panel’s offi ce?

Most Medical Panel examinations are conducted

at Level 18, 460 Lonsdale St, Melbourne.

Please refer to the map on the following page for

location, public transport and parking information.

You should check your appointment letter to confirm

the venue of your examination/s.



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Please note this map is not to scale



Convenor of Medical Panels,

Level 18, 460 Lonsdale St,

Melbourne, Vic. 3000.

GPO Box 2709,

Melbourne, Vic. 3001.

DX 116 Melbourne

E [email protected]

T (03) 8256 1555

F (03) 8256 1550

Toll free 1800 061 715

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