New South Wales Consolidated Acts

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 123

123 Reference of medical disputes by Principal Conciliator

(cf former s 131B)

(1) When a medical dispute (as defined in section 122) is the subject of conciliation by a conciliator and concerns the compensation payable under section 66 of the 1987 Act, the Principal Conciliator may request the registrar of the Compensation Court to refer the dispute to a medical panel and the registrar is to refer the dispute accordingly.

(2) The medical panel to whom a medical dispute is so referred is to give a certificate as to the worker's condition, in accordance with the terms of reference of the dispute.

(3) The certificate of the medical panel is, in any proceedings, evidence (but not conclusive evidence) as to the matters certified.

(4) If a worker, on being required so to do, refuses to submit himself or herself for examination by a medical panel to whom the medical dispute has been referred, or in any way obstructs the examination--

(a) the worker's right to recover compensation under this Act with respect to the injury, or

(b) the worker's right to weekly payments,

is suspended until the examination has taken place.