Western Australian Current Acts

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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 38

38 .         Questions to be determined by medical panel

        (1)         On a reference under section 36, the medical panel, following such examination and tests as it may require, having given the opportunity for oral submissions to be made, and having considered such oral submissions as have been made pursuant to section 37, and perused such certificates of other medical practitioners as either party may in person or by his solicitor or agent tender to that medical panel, shall thereupon consider and determine the following questions —

            (a)         is, or was, the worker suffering from pneumoconiosis, mesothelioma, lung cancer or diffuse pleural fibrosis?

            (b)         if so, is, or was, the worker thereby less able to earn full wages?

            (c)         to what extent if any does, or did —

                  (i)         pneumoconiosis; or

                  (ii)         mesothelioma; or

                  (iii)         lung cancer; or

                  (iv)         diffuse pleural fibrosis,

                adversely affect the worker’s ability to undertake physical effort?

            (d)         what other, if any, disease or physical condition is, or was, contributing to the worker’s being less able to earn full wages, or death and to what extent?

            (e)         is, or was, the worker fit for work? If so, at what level — light, moderate, or heavy?

        (2)         The determination of the medical panel shall, as far as is practicable in each case, be in the form and contain answers to the questions prescribed.

        (3)         Where the medical panel comprises 2 members who fail to agree on its determination, the chief executive officer shall add a third member to the panel in accordance with section 36.

        (4)         The determination of the medical panel or a majority of its members is final and conclusive and binding on the worker, on his employer, and on any tribunal in which such determination is relevant.

        [Section 38 amended: No. 44 of 1985 s. 18; No. 86 of 1986 s. 5; No. 48 of 1993 s. 33; No. 42 of 2004 s. 28 and 152; No. 31 of 2011 s. 86.]



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