Assessment by medical specialist—request by other than nominated treating doctor
39 Assessment by medical specialist—request by other than nominated treating doctor
This section does not apply to a request by an injured person’s treating doctor for a medical assessment of the worker by a medical specialist.
The following (the requesting person) may ask a medical specialist to do a medical assessment of an injured person:
the injured person;
the injured person’s lawyer;
the director‑general;
the ACT Insurance Authority.
At least 2 weeks before the day of the medical assessment, written notice of the request must be given—
if the request is made by the injured person or the person’s lawyer—to the director‑general and the ACT Insurance Authority; or
if the request is made by the director‑general or the ACT Insurance Authority—to the injured person and the person’s lawyer.
Subsection (3) does not prevent a medical assessment of the injured person happening with less than the 2 weeks notice if the parties agree to the shorter notice.
The notice must state—
the reasons for the request (including a brief description of any particular thing that led to the request); and
why the medical specialist is the appropriate specialist to do the medical assessment.
The requesting person, and each person given notice under subsection (3), must give all medical evidence about the injured person to which they have access to the medical specialist at least 2 working days before the day of the medical assessment.
Note Medical evidence, for an injured person—see the dictionary.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.