NSW Workers Compensation – Personal Injury Commission Medical Assessment (WPI Dispute)

The purpose of this medical examination

As there is a dispute with the parties over your level of whole person impairment (WPI), the purpose of this medical examination is for the Medical Assessor to conduct an independent medical examination of your injuries and the level of whole person impairment. The Medical Assessor will then provide the Commission with his/her findings in a report, called “Medical Assessment Certificate” and that will be used to determine your entitlement to any lump sum compensation.  

Preparing for the medical examination

To prepare for your examination you should bring along any radiology scans and reports that you have in your possession that is related to your work-injury. As a general rule, if you’re in doubt about whether to take a report to the examination it’s best to take it with you. 

It may be useful if you can prepare a list of the names of your treatment providers before your examination, as this is a common question asked by the Medical Assessor.  

What to expect at the medical examination

The Medical Assessor would have been provided with both parties’ Application and supporting documents. The Medical Assessor is expected to have reviewed both parties’ evidence before the medical examination. 

The Medical Assessor will assess your physical injuries by asking you a series of questions and conducting a physical examination. It will be similar to the independent medical examination that we previously arranged for you and should not cause you any distress. 

You’ll be asked a series of questions which will most likely be of the following nature: 

  1. Your past and present medical and work history;
  2. What caused your injury or condition;
  3. How your injury affects you now; and
  4. The treatment that you have received or are considering.  

Cancelling the medical examination

The Commission takes the medical examination very seriously and expects the Applicant to attend the medical examination as scheduled. However, if there are exceptional circumstances warranting you unable to attend this examination, you should contact the Commission immediately. Failure to attend the medical examination may jeopardise your entitlement to compensation and/or the Commission dismissing your Application 

What happens after the medical examination?

The Medical Assessor should provide the Commission with his/her report within 2 to 3 weeks after the examination, providing his/her findings and assessment.  

Subject to any appeals, the Commission will then issue a “Certificate of Determination” confirming the findings of the Medical Assessor and ordering the Respondent to pay compensation accordingly (if any).  

If you have sustained a work-related injury, we highly recommend you seek legal advice. The Head of our NSW team, Jessica Cheung is an Accredited Specialist in Personal Injury Law specializing in workplace injuries. If you believe you have sustained a work-related injury and would like professional legal, reach out to Jessica and her team for a confidential discussion at no costs to you.   

*The intention and purpose of this article is to be used as a guide only.

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