Western Australian Current Regulations

WORKERS COMPENSATION AND INJURY MANAGEMENT REGULATIONS 2024 - REG 33

33 .         Matters of which arbitrator must be satisfied

        (1)         In this regulation —

        treating specialist means a medical practitioner who —

            (a)         is treating a worker; and

            (b)         is a specialist in a particular branch of medicine that is relevant to the worker’s injury.

        (2)         For the purposes of section 78(3)(c) of the Act, the arbitrator must be satisfied that operative intervention and reasonable post‑operative treatment are required to substantially alleviate the consequences of serious impairment and improve the worker’s physical condition.

        (3)         The applicant may satisfy the arbitrator of the matter set out in subregulation (2) by producing —

            (a)         a medical opinion from a treating specialist, which states that operative intervention and reasonable post‑operative treatment are required to alleviate the consequences of serious impairment and improve the worker’s physical condition; and

            (b)         a management plan provided by a treating specialist, which indicates that substantial medical improvement to the worker’s physical condition is anticipated as a result of operative intervention and reasonable post‑operative treatment.