Australian Capital Territory Consolidated Regulations

WORKERS COMPENSATION REGULATION 2002 - REG 10

    (1)     This section does not apply to a request by an injured worker's nominated treating doctor for a medical assessment of the worker by a medical specialist.

    (2)     The following (the requesting person ) may request a medical assessment of an injured worker by a medical specialist:

        (a)     the worker;

        (b)     the worker's lawyer;

        (c)     the worker's employer;

        (d)     the employer's insurer.

    (3)     At least 2 weeks before the day of the medical assessment, written notice of the request must be given—

        (a)     if the request is made by the worker or the worker's lawyer—to the worker's employer and the employer's insurer; or

        (b)     if the request is made by the worker's employer or the employer's insurer—to the worker and the worker's lawyer.

    (4)     Subsection (3) does not prevent a medical assessment of the worker happening with less than the 2 weeks notice if the parties agree to the shorter notice.

    (5)     The notice must state—

        (a)     the reasons for the request (including a brief description of any particular thing that led to the request); and

        (b)     why the medical specialist is the appropriate specialist to do the medical assessment; and

        (c)     which of the following matters are to be assessed in relation to the injury:

              (i)     aetiology;

              (ii)     diagnosis;

              (iii)     prognosis;

              (iv)     recommended medical treatment.

Example for par (a)

An insurer disagrees with an injured worker's nominated treating doctor's assessment that the worker has suffered a relapse, and needs more time off work. The insurer considers that the time off does not relate to the injury.

Note     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (6)     The requesting person, and the people to whom the requesting person must give notice under subsection (3), must give all medical evidence about the injured worker to the medical specialist at least 2 working days before the day of the medical assessment.