Australian Capital Territory Numbered Regulations

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WORKERS COMPENSATION REGULATIONS 2002 (NO 20 OF 2002) - REG 10

Assessment by medical specialist—request by other than nominated treating doctor

    (1)     This regulation 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)     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.

    (5)     The requesting person, and the people to whom the requesting person must give notice under subregulation (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.



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