Guide for WorkCover Claimants

What to expect Medical Panel Examinations

There is disagreement about the medical aspects of your injury or condition.

Can the dispute be resolved quickly and fairly?

Sometimes during the assessment or management of a WorkCover claim, the need arises to clarify aspects of your medical condition. A Medical Panel may be asked to provide an opinion where there is disagreement or uncertainty about aspects of your injury or condition. A Conciliation Ofcer, a court, a WorkCover agent or a self-insured employer may refer medical questions to a Medical Panel. It is because an issue of this kind has arisen, that you must attend an examination. A Medical Panel Opinion on a medical question is to be adopted and applied by any court, body or person and must be accepted as nal or conclusive by any court, body or person irrespective of who referred the medical question to the Medical Panel, or when the medical question was referred.

Contents
What will happen rst? Are Medical Panel doctors independent? Can the Medical Panel advise me about treatment? What will happen at the examination? Will special tests be arranged? Must I attend Medical Panel examinations? Must I answer Medical Panel questions? What is the purpose of the Medical Panel examination? How long will the examination take? Could I be asked to see a psychiatrist? What should I bring with me? Will the Medical Panel contact my treating doctor? What if I arrive late for the examination? What if the Medical Panel is running late? Can I bring a friend or family member with me? Can I bring a young child with me? Can I have an interpreter with me? Who pays for the examination? What costs can I claim? Can any of my costs be pre-paid? What if I am dissatised with some aspect of the examination? What if I am dissatised with the Medical Panel Opinion? Where is the Medical Panels ofce? 2 3 3 4 5 5 6 6 7 7 8 9 9 9 10 10 11 11 11 11 12 12 13

What will happen 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.

Are Medical Panel doctors independent?

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 advise me 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, body or person who referred the medical questions.

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.

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 Medical Panel 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 Convenors ofce in advance if you cannot attend an examination.

Must I answer Medical Panel questions?

You are obliged to co-operate with the Medical Panel and the examination process. If you dont, 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 the Medical Panel examination?

The Medical Panel answers specic 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 signicant 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.

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 rst 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.

What should I bring with me?

You should bring any X-rays, scans and reports that may help the Medical Panel assess your condition. You should ask your treating doctor which tests may be relevant. These may include: X-rays, CT-scans and the radiologists reports that go with them. These should normally be available from your treating doctor or the X-ray department where the X-rays were taken; reports or results of any blood tests, urine tests, biopsies, cardiographs, EMGs or other special tests; any relevant medical reports provided to you by your treating doctor or other specialists;* any hospital summary of your injury, diagnosis and treatment;* a copy of any written submissions you wish to place before the Medical Panel.* When you attend for your examination you should advise the reception staff when you have additional material for the Panel so that copies may be made for each member of the Panel prior to your examination. You should contact the Convenors ofce if you are unable to obtain a test result or report that you believe should be considered by the Medical Panel. If the Medical Panel considers the test result or report is relevant, you will then be asked to sign a consent form, which will be used to obtain the test result or report.

* If you have been referred by a Court, the Medical Panel may only consider those medical reports, hospital summaries, and written submissions that have been forwarded by the Court.

Will the Medical Panel contact my 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 for the 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 the appointment. If you have any doubt about how to get to the appointment, contact the Convenors ofce. Staff can help you with directions and details of public transport.

What if the Medical Panel is running 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.

Can I bring a friend or family member with me?

Generally, a Medical Panel will allow a friend or family member to attend during a physical examination for support or to assist with dressing, undressing. A psychiatrist is unlikely to allow a friend or family member to attend an examination. This is because of the personal and private nature of the questions. A friend or family member who attends an examination with you will not be allowed to speak on your behalf or interpret.

Can I bring a young child with me?

You should not bring children to a Medical Panel examination. Children in the examination room can distract the Medical Panel, and divert your attention from the examination. It is best to arrange for care of young children well in advance of the examination. If you do bring children with you, the examination may need to be postponed. The Medical Panel does not provide child minding facilities. If it is unavoidable that a child comes with you, another person must attend with you to supervise the child while you are in the examination room.

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Can I have an interpreter with me?

If you need an interpreter, a qualied 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 concerning the arrangements of an interpreter, contact the Convenors ofce.

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 from your 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 nancial hardship. If you require prepayment of costs you should contact your WorkCover agent or self insured employer as soon as you receive notication of your Medical Panel examinations.

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What if I am dissatised with some aspect 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 youve been told, you can contact the Convenors ofce. Complaints about aspects of Medical Panel examinations should be directed to: The Convenor Medical Panels GPO Box 2709 Melbourne 3001 Telephone: (03) 9825 1555

What if I am dissatised with the Medical Panel Opinion?

You should seek legal advice. The Opinion of a Medical Panel on a medical question must be accepted as nal and conclusive. The law does not allow a Medical Panel to review its Opinion unless by 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 Panels Opinion or Reasons for Opinion.

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Where is the Medical Panels ofce?

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 conrm 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 medicalpanel@medicalpanels.vic.gov.au T (03) 8256 1555 F (03) 8256 1550 Toll free 1800 061 715 Business Hours 8:45am to 5:00pm, Mon to Fri