If you had a Workcover claim, how would you feel
having to go to a panel of 3 to 5 doctors who you had never seen
before who would make decisions relating to any medical questions
about your claim? How would you feel about having to go to
such a Medical Panel appointment without being able to bring a
lawyer or someone to represent you or speak on your behalf?
How does it make you feel that WorkCover's intention was to make
these Medical Panel decisions final and binding meaning that a
worker would have no avenue or way to challenge these decisions to
an independent Judge or Court like the Workers Compensation
Tribunal?
This was the situation for injured workers in South Australia but
due to an important case that was recently decided by the Supreme
Court of South Australia, this sad state of affairs has now been
reversed.
On 27 June 2011 the case of
Yaghoubi & Campbell was
handed down by the Supreme Court of South Australia. This
case essentially challenged whether or not the Medical Panel
opinion in WorkCover matters was final and binding on all parties
including the Tribunal. Although it was found that the
Medical Panel should still continue to exist, most importantly for
injured workers in South Australia the Court found that the Medical
Panel opinion is not final and binding on the Workers Compensation
Tribunal. Obviously this is an excellent result for injured
workers in South Australia and it ensures that the Tribunal is
still the ultimate decider of medical issues that arise in workers
compensation matters.
But... this decision could be appealed. What are your
thoughts in relation to this?
For more information on Medical Panels or workers compensation
matters, visit our
Andersons home page.