Are Medical Panel decisions binding?

Are Medical Panel decisions binding?

Medical Panels are often used as a quick and cheap way to answer a medical question which arises in a WorkCover dispute. However, workers are not allowed legal representation at Medical Panels and a negative outcome for a worker can have far-ranging effects, including potentially precluding a worker from accessing compensation. The impact of Medical Panels has recently come into question in two major court decisions. The High Court has recently ruled that Medical Panel decisions in the WorkCover system are not binding on any subsequent actions for damages by worker. Read the decision here: http://bit.ly/iIB7fy In another key court decision, the South Australian Supreme Court has ruled that Medical Panel decisions should not be binding on the SA Compensation Tribunal, ABC News reports. In a judgment that has not yet been released online, the Court found that, while the Medical Panels were constitutional, the Tribunal could not be directed to follow the opinion. This South Australian case has potentially wide-ranging implications to the Victorian system, which also utilises Medical Panels. If you are concerned about the impact of a Medical Panel decision in your WorkCover claim, or would like any further advice in relation to a work injury, contact our free Adviceline 9321 9988 to speak to a lawyer.

No Win, No Fee. No Uplift Fee.

Our No Win, No Fee and No Uplift Fee arrangement means you will only pay legal fees if your claim is successful. *Conditions apply

Learn more

Call and speak to our legal team

At Redlich’s our legal team answer the phone so that you receive free legal advice straight away. No Win, No Fee. No Uplift Fee.

Redlich's Work Injury Lawyers

Redlich's Work Injury Lawyers is a division of Holding Redlich © 2024
Level 23, 500 Bourke Street, Melbourne, 3000

Read our privacy policy

Provide feedback

Redlich's Work Injury Lawyers respectfully acknowledges the Traditional Owners of the land on which we operate as the continuing custodians of this land. We recognise their continuing connection to Country, practices, knowledge systems and communities. We pay our respects to Elders, past and present.