New South Wales Consolidated Acts
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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 327
Appeal against medical assessment
(1) A party to a medical dispute may appeal against a medical assessment under
this Part, but only in respect of a matter that is appealable under this
section and only on the grounds for appeal under this section.
(2) A matter
is appealable under this section if it is a matter as to which the assessment
of a medical assessor certified in a medical assessment certificate under this
Part is conclusively presumed to be correct in proceedings before a court or
(3) The grounds for appeal under this section are any of the
(a) deterioration of the worker's condition that results
in an increase in the degree of permanent impairment,
(b) availability of
additional relevant information (but only if the additional information was
not available to, and could not reasonably have been obtained by, the
appellant before the medical assessment appealed against),
(c) the assessment
was made on the basis of incorrect criteria,
medical assessment certificate contains a demonstrable error.
(4) An appeal
is to be made by application to the President. The appeal is not to proceed
unless the President is satisfied that, on the face of the application and any
submissions made to the President, at least one of the grounds for appeal
specified in subsection (3) has been made out.
(5) If the appeal is on a
ground referred to in subsection (3) (c) or (d), the appeal must be made
within 28 days after the medical assessment appealed against, unless the
President is satisfied that special circumstances justify an increase in the
period for an appeal.
(6) The President may refer a medical assessment for
further assessment under section 329 as an alternative to an appeal against
the assessment (but only if the matter could otherwise have proceeded on
appeal under this section).
Note : Section 329 also allows the President to
refer a medical assessment back to the medical assessor for reconsideration
(whether or not the medical assessment could be appealed under this section).
(7) There is to be no appeal against a medical assessment once the dispute
concerned has been the subject of determination by a court or the Commission
or agreement registered under section 66A of the 1987 Act.
(8) Clause 2 of
Schedule 2 to the Legal Profession Uniform Law Application Act 2014 applies
to and in respect of the provision of legal services in connection with an
appeal under this section in the same way as it applies to and in respect of
the provision of legal services in connection with a claim or defence of a
claim for damages referred to in that clause.
Note : Clause 2 of Schedule 2 to
the Legal Profession Uniform Law Application Act 2014 prohibits a law
practice from providing legal services in connection with a claim or defence
unless a legal practitioner associate responsible for the provision of those
services believes, on the basis of provable facts and a reasonably arguable
view of the law, that the claim or defence has reasonable prospects of
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