WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 36
WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 36
36 . Claim under s. 33 or 34, referring worker to medical panel
(1) Whenever a claim
is made by, or in relation to, a worker for compensation under section 33 or
34, the employer shall within 14 days of the making of the claim send
particulars of the claim to WorkCover WA, and the chief executive officer
shall refer the question of the worker’s condition and fitness for
employment to a medical panel comprising 2 or 3 physicians —
(a) all
of whom are to be nominated by the chief executive officer from amongst
physicians who specialise in diseases of the chest or in occupational
diseases; and
(b) at
least one of whom specialises in diseases of the chest.
(2) An employer who
fails to comply with subsection (1) commits an offence.
(3) The Chairman of a
medical panel shall be appointed by the Minister on the nomination of the
chief executive officer.
[Section 36 amended: No. 28 of 1984 s. 101; No. 44
of 1985 s. 17; No. 33 of 1986 s. 4; No. 86 of 1986 s. 5; No. 96 of 1990 s. 7;
No. 30 of 1993 s. 13; No. 48 of 1993 s. 32; No. 34 of 1999 s. 10; No. 42 of
2004 s. 150 and 152.]