Workers Compensation Lawyer – How many Medical Assessment Certificates is a worker entitled to?
In a recent workers compensation case, the worker sought a Medical Assessment Certificate for the purpose of proving that she was a worker with high or highest needs (i.e. that she had greater than 20% whole person impairment or greater than 30% whole person impairment, respectively) and was therefore entitled to continuing weekly benefits after 260 weeks of workers compensation payments.
This followed a previous medical assessment and complying agreement received in January 2013 which confirmed her whole person impairment at 12%. The complying agreement had subsequently enabled the worker to receive lump sum compensation.
The employer disputed the worker’s action on the basis that she was prevented by s 322A of the legislation from obtaining another Medical Assessment Certificate and by s 66(1A) from making a claim for further permanent impairment lump sum compensation.
The Arbitrator found in the worker’s favour.
Firstly, it was determined that s 66(1A) did not have any application in this case. That section only restricts multiple claims for permanent impairment compensation. It does not place any restriction on the number of medical assessments to be made.