Sunday 30 November 2008

Medical Panels - SA


AVOIDING APPREHENDED BIAS. -Yeh Right! Sure they Do!
Convenor also attempts to ensure a panel member does not have a close
relationship with employer or VWA but it seems its ok to be a registered
provider of the VWA and still be able to sit on the Medical Panels! and this
is taken as being and impartial member, What The?


CONVENOR OF MEDICAL PANELS - Convenor of medical panels is
appointed by Minister for WorkCover.This isnt showing the medical panel to
be impartial at all, the minister for workcover is still workcover!
The minster for Workcover would be choosing a Convenor whom
suit his needs not the injured workers needs. VWA connections are not
a sign of impartiality.


WHO CAN MAKE A REFERRAL TO MEDICAL PANELS?
AuthorisedAgents and Self-insurers
Conciliation service
County and Magistrate Courts
VWA
Why isnt the injured worker able to make a referal as well?

NO APPEALS –ONLY JUDICIAL PROCESS
There is no appeal available on the substantive issues. A judicial review can be
sought on the basis of a denial of procedural fairness or jurisdictional error
(error of law) However, the Supreme Court can only send the referral back to
the same panel or another panel to complete in correct manner. This would decide
absoulutely nothing!

Medical Panel Referral sources (2006-2007)
  1. Authorised Agents - 47%
  2. Self Insurers- 5%
  3. Conciliation Service - 34%
  4. County Court - 2%
  5. Magistrates Court - 5%
  6. Wrongs Act - 7%
Medical Panel Case types (2006-2007)
  1. SNEL S98c2 - 112
  2. Variat/term weekly comp. - 816 - Look at this number!
  3. Medical and Like - 416
  4. Liability for weekly comp. - 182
  5. Cont weekly comp 93CD - 122
  6. Lump Sum S98 (pre97) - 77
  7. Liability 98C - 47
  8. Death Claims - 5
  9. Wrongs Act - 259


HOW DO MEDICAL PANELS ASSIST RECOVERY AND THE RETURN
TO WORK PROCESS?

  1. Timely dispute resolution -60 day requirement
  2. Binding decisions re:
    work relatedness
    ongoing contribution
    work capacity
    ability to increase work hours

HAVE MEDICAL PANELS BEEN SUCCESSFUL?

Appeals to the Supreme Court/Court of Appeal = 6 per year, out of 4,000
opinions.

Consumer feedback = anecdotal and limited

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