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Medical Assessment Certificates

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.
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Part 2: Things to know when making a workers compensation claim

Making a workers compensation claim might be important for your long term health and benefit, but at the time it can also be stressful and confusing. Knowing the facts, your rights and what to do next is the first step in resolving a difficult situation.

Continuing on from Part 1 of this article, below are a few things you should remember when considering making a workers compensation claim:

4.  The earlier you make your workers compensation claim, the better

It will ensure that you are provided with the time and resources for early treatment and quick recovery where possible.

Be aware that once you have made a claim, you may be sent for independent assessment by the insurer’s medical doctor, who will provide an opinion for insurance purposes rather than for treatment advice.

Continue to consult your treating doctors (medical expenses may be covered if your claim is successful) to ensure that you are doing all you can to fully recover from your injuries.
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