A medical panel assessing impairment under s 91 of the Accident Compensation Act 1985 (Vic) must apply the methodologies, processes and criteria set out in the AMA Guides for the relevant condition, body part or system. The panel cannot fill perceived gaps in the Guides by applying provisions applicable to different body parts, even if the result may appear sub-optimal. Where a panel proposes to rely on provisions of the Guides that are radically different from those that might reasonably be expected to apply, it must give the parties prior notice and an opportunity to be heard.
The full text is available to signed-in members, including the 52 later cases that cite this judgment.
10 of the 52 citing cases carry a classified treatment. How each court treated it is available to signed-in members.