Sometimes injured workers need to go to the Medical Assessment Tribunal as part of their workers’ compensation claim. This is usually to make a decision about your ability to work or any degree of permanent impairment and any disablement as a result of your injury.
1. What is the Medical Assessment Tribunal?
The Medical Assessment Tribunal are run by the Workers Compensation Regulator and involves an independent panel of doctors who make decisions about your work-related injury.
2. Why do I need to see them?
The decisions could be about your ability or inability to work, any degree of permanent impairment or any disfigurement you have suffered as a result of your injury.
You need to be referred by your workers’ compensation insurer to go to the Tribunal.
Your insurer usually refers you when:
- there are differing medical opinions about your injury;
- the claim has been accepted but it’s unclear if there is an ongoing incapacity;
- the degree of permanent impairment from your injury needs to be assessed;
- you disagree with the degree of permanent impairment offered to you by the insurer.
3. What do I do before the appointment?
After the Medical Assessment Tribunal receives the paperwork from the insurer, you are contacted with your appointment date.
A copy of the referral paperwork is sent to you and your panelled doctors.
You might have another report or document you wish to submit at your medical assessment tribunal—send this to the Tribunal and your insurer no later than ten (10) business days before the day of your appointment.
Your insurer can respond to your documents but they must respond in writing and provide the Medical Assessment Tribunal with a copy at least three business days before your appointment—you and your panelled doctors will also get a copy.
At your appointment, you should take along relevant radiological imaging, such as x-rays.
In some cases, it is beneficial for a lawyer to prepare written submissions to the Medical Assessment Tribunal. This will direct the Tribunal doctors to the relevant issues.
4. What will happen at the Medical Assessment Tribunal?
The Workers’ Compensation Regulator has published a video that takes you through the assessment process (allow 12 minutes to watch).
The Tribunal usually takes between 45 to 60 minutes and your doctors will discuss the medical aspects of your claim and for physical injuries, they may also do a clinical examination. You may provide your doctors with more information about your injury verbally.
In case of physical injuries, the Medical Assessment Tribunal doctors will usually perform a physical examination. The doctors may attempt to flex and bend your limbs to gauge your range of movement. It is important to tell the doctors when you start feeling pain. If you do not tell the doctors when you feel pain then they may believe that you are capable of a much greater range of movement than you really are.
We suggest that it is a good idea to prepare a written statement. It is sometimes difficult to tell the Tribunal doctors everything that you wanted to, especially when the appointment is only 45 to 60 minutes and the doctors are asking you questions. You can give this statement to the doctors at the appointment, or read from it yourself.
5. When will the Medical Assessment Tribunal make a decision?
The tribunal’s decision is usually finalised within seven to fourteen days of your appointment.
Once it’s finalised, you and WorkCover Queensland will receive a written copy of the decision. Decisions are never advised verbally.
If there is a delay, the Workers Compensation Regulator will let you know the reasons why and when you can expect the decision.
Sometimes your panelled doctors may need to defer their decision in circumstances where more details or x-rays are required. The decision however, cannot be deferred for longer than three (3) months at a time.
If you need assistance with your WorkCover claim, or for more information about Medical Assessment Tribunal appointments, contact one of our injury lawyers.
