New South Wales Consolidated Acts
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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 328
Procedure on appeal
328 Procedure on appeal
(1) An appeal against a medical assessment is to be heard by an Appeal Panel
constituted by 3 persons chosen by the President as follows--
(b) 1 member of the Commission who is a member assigned to
the Workers Compensation Division of the Commission.
(2) The appeal is to be
by way of review of the original medical assessment but the review is limited
to the grounds of appeal on which the appeal is made.
(2A) To avoid doubt,
any medical re-examination of the worker for the purposes of the review need
not be conducted by all of the members of the Appeal Panel if the members
agree for it to be conducted by only some of the members.
(3) Evidence that
is fresh evidence or evidence in addition to or in substitution for the
evidence received in relation to the medical assessment appealed against may
not be given on an appeal by a party to the appeal unless the evidence was not
available to the party before that medical assessment and could not reasonably
have been obtained by the party before that medical assessment.
attending an Appeal Panel for the purposes of an assessment, an injured worker
is entitled to be accompanied by a person (whether or not a legal adviser or
agent) to act as the injured worker's advocate and assist him or her to
present his or her case to the Appeal Panel.
(5) The Appeal Panel may confirm
the certificate of assessment given in connection with the medical assessment
appealed against, or may revoke that certificate and issue a new certificate
as to the matters concerned. Section 326 applies to any such new certificate.
(6) The decision of a majority of the members of an Appeal Panel is the
decision of the Appeal Panel.
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