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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 73
Insurer to provide copies of reports to worker
73 Insurer to provide copies of reports to worker
(cf former s 93E)
(1) The regulations may make provision for or with respect
to requiring an insurer to provide a worker, a worker's legal representative
or any other person with a copy of a specified report, or a report of a
specified kind, obtained by the insurer in relation to a claim by the worker.
(2) Without limiting subsection (1), the kind of reports to which the
regulations under this section can apply include investigators' reports,
rehabilitation providers' reports and reports of assessments under section 40A
(Assessment of incapacitated worker's ability to earn) of the 1987 Act.
(3)
If an insurer fails to provide a copy of a report as required by the
regulations under this section-- (a) the insurer cannot use the report to
dispute liability to pay or continue to pay compensation or to reduce the
amount of compensation to be paid and cannot use the report for any other
purpose prescribed by the regulations for the purposes of this section, and
(b) the report is not admissible in proceedings on such a dispute before the
Commission, and
(c) the report may not be disclosed to a medical assessor or
an Appeal Panel in connection with the assessment of a medical dispute under
Part 7 of Chapter 7.
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