Western Australian Current Acts

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 36

36 .         Claim under s. 33 or 34, referring worker to medical panel

        (1)         Whenever a claim is made by, or in relation to, a worker for compensation under section 33 or 34, the employer shall within 14 days of the making of the claim send particulars of the claim to WorkCover WA, and the chief executive officer shall refer the question of the worker’s condition and fitness for employment to a medical panel comprising 2 or 3 physicians —

            (a)         all of whom are to be nominated by the chief executive officer from amongst physicians who specialise in diseases of the chest or in occupational diseases; and

            (b)         at least one of whom specialises in diseases of the chest.

        (2)         An employer who fails to comply with subsection (1) commits an offence.

        (3)         The Chairman of a medical panel shall be appointed by the Minister on the nomination of the chief executive officer.

        [Section 36 amended: No. 28 of 1984 s. 101; No. 44 of 1985 s. 17; No. 33 of 1986 s. 4; No. 86 of 1986 s. 5; No. 96 of 1990 s. 7; No. 30 of 1993 s. 13; No. 48 of 1993 s. 32; No. 34 of 1999 s. 10; No. 42 of 2004 s. 150 and 152.]