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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 321
Referral of medical dispute for assessment
321 Referral of medical dispute for assessment
(1) A medical dispute (other than a dispute concerning permanent impairment of
an injured worker) may be referred for assessment under this Part by a court,
the Commission or the President, either of their own motion or at the request
of a party to the dispute. The President is to give the parties notice of the
referral.
(2) The parties to the dispute may agree on the medical assessor
who is to assess the dispute but if the parties have not agreed within 7 days
after the dispute is referred, the President is to choose the medical assessor
who is to assess the dispute.
(3) The President may arrange for a
medical assessor to assess the dispute outside the State-- (a) if requested by
a party to the dispute, or
(b) with the consent of the parties to the
dispute.
(4) In deciding whether to make an arrangement under subsection (3),
the President must consider the following-- (a) the interests and wishes of
the parties to the dispute,
(b) the nature and complexity of the dispute,
(c) if the arrangement is necessary for the timely and cost effective
assessment of the dispute,
(d) other matters the President considers
relevant.
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