Independent medical examiners are registered medical practitioners who provide impartial medical assessments. The worker, worker’s solicitor or the insurer can request an independent medical examination.
A referral for an independent medical examination occurs when medical information is:
- inadequate
- unavailable
- inconsistent
- or where the referrer has been unable to resolve the issues related to the problem directly with the parties involved.
The role of the independent medical examiner
Independent medical examiners don't provide advice to injured workers about their condition, treatment or workers compensation claim.
The independent medical examiner's report may include advice on accepting a claim, insurer’s ongoing liability and the worker’s level of fitness for work and ongoing treatment. If they consider some other type of treatment might assist the worker, they will mention it in their report and may contact the worker's treating doctor to discuss treatment options. The independent medical examiner report is forwarded to the person who requested it.
Further information is available in the WorkCover guidelines on independent medical examinations and reports (March 2012).
Payments for independent medical examinations must be in accordance with the gazetted fees as stated in the Workplace injury management and workers compensation (medical examinations and reports) order 2011.
Injured worker obligations
An injured worker will receive a letter outlining the reason for the examination, the appointment details and travel costs arrangements at least ten working days before the appointment.
Another person (other than a legal representative) may accompany an injured worker at the examination, with the agreement of the independent medical examiner.
Some medical examiners may choose to video or audio record the examination however, the injured worker must give their consent before the examination for this to occur.
If an injured worker fails to attend an independent medical examination, their weekly payments of compensation may be suspended.
Further information is available in the Independent medical examinations: information for workers.
Complaints
Should an injured worker have a complaint about an independent medical examiner they should contact the referrer, WorkCover’s Claims Assistance Service on 13 10 50, their union or their solicitor, the Health Care Complaints Commission or the NSW Medical Board.
Call 13 10 50 for further information about independent medical examiners.