Guide to Medical Panels hearing for workers

Medical Panels is an independent panel of medical practitioners and healthcare professionals who provide opinions on referred medical questions under the legislation where there is a dispute.

Each medical panel functions as a tribunal that provides final and legally binding answers to specific medical questions put to them by a court, body or person eligible to make a referral.

Medical Panels answer referred medical questions in relation to those areas in which a dispute may exist, which may include:

• The nature of your medical condition.
• Your incapacity for work and whether it is permanent.
• What other work you may be able to perform.
• Whether your treatment is appropriate for your injury.
• Whether your employment was a significant contributing factor to your injury.
• The level of any impairment from your injury.
• The extent and likely prognosis of your condition.
• Whether your incapacity is due to your injury.

Confirmation of your hearing

The Medical Panels office will email you the information about your hearing. The list of all the material received with the referral will also be sent to you, including who referred your case to Medical Panels.

If you need copies of any material that the referrer has provided to Medical Panels, please contact the referrer directly to obtain the copies.

If you have not been referred by a court, you can send the Medical Panels office copies of any further material that you wish to place before the Medical Panel.

If you have been referred by a court, the Medical Panel can only consider material that has been forwarded by the court.

At the hearing

The Medical Panel hearing will involve you seeing one or more doctors, either individually or jointly for examination. Most hearings are held at the Medical Panels office. If it is in a different location, we’ll let you know in your hearing confirmation email.

The Medical Panel will ask you about the history of your claimed injury or condition. This will be a detailed discussion and may include your work history, previous medical history and/or life experiences.

The Medical Panel will invite you to comment on the material provided to the panel.

The hearing may also include a physical examination.

A thorough physical examination may require the Medical Panel to examine parts of your body beyond the immediate area of your injury. For example, your legs may be examined when claiming for a back injury.

It’s likely that you’ll need to remove your clothing for the physical examination. Please wear clothing and under garments that allow you to undress with ease. Gowns will be provided. Nursing staff are available on request to assist where required and may be present during the examination. You may request a nurse to be present as a chaperone.

The Medical Panel may need to look at any X-rays, test results and hospital summaries that you bring, that haven’t already been provided as part of the referral.

After your hearing

Medical Panels will discuss your case. You may be requested to attend another hearing or provide further information. If this is required, you will receive clear instructions from the Medical Panels office on what you need to do.

If nothing further is required, the Medical Panel will form their opinion, and this will be sent to all relevant parties.

Yes. It’s important you attend your hearing.

Cancellation of hearings will cause a delay in resolving your case. For WorkCover claims, not attending hearings can lead to suspension of your entitlements.

If you’re unable to attend a hearing, please notify the Medical Panels office immediately.

You must cooperate with the Medical Panel and the hearing process. If you don’t, your entitlement to compensation may be suspended.

It’s important that you fully understand the hearing process. If you have any concerns, let the Medical Panel know.

Most Medical Panel hearings take place on time. However, sometimes the panel may be running late. This can happen because of a medical emergency or the complexity of some hearings.

If you are able to wait, the panel will see you as soon as they can. If not, you can request our reception staff to arrange another hearing for you.

Hearings normally take between 30 and 90 minutes.

The duration of each hearing depends on the complexity and nature of the injury. A full history of your injury or condition will be discussed during your hearing. This may include a:

• thorough physical or psychiatric examination
• review of the referral material and reports provided.

We understand that sometimes there may be unexpected delays.

If you are running late, please call the Medical Panels’ office on 1800 061 715 to let us know. The Medical Panel hearing may need to be cancelled and rescheduled to another date and time. This is to ensure the panel has enough time for your assessment.

Please allow plenty of time to get to your hearing. If you need directions or have any doubt about how to get to the hearing, contact the Medical Panels office.

In some cases, you’ll be advised your hearing is to be conducted online by Zoom. This depends on the complexity and injury type of your claim. If you have a Zoom hearing scheduled, you’ll be provided with a Zoom user guide. You can also request a test call with one of our Zoom officers if needed.

You can request your Zoom hearing be changed to be an in-person hearing. There can be long waiting periods for in-person hearings and the resolution of your dispute may be delayed.

You cannot attend your hearing by phone call.

If your hearing is scheduled as an in-person hearing, you’ll need to attend in person at the location mentioned in your hearing confirmation email.

All physical injuries are assessed in person.

No. The Medical Panel is not permitted to advise you on the treatment of your injury or condition.

The panel’s role is to make an independent assessment of your condition, and give their opinion to the court, body or person who referred the medical questions.

The Medical Panel will check the tests that have been completed by any other doctors you’ve seen, and which have been made available to the panel. Sometimes the Medical Panel may need to arrange for you to have additional X-rays or other basic investigations such as hearing tests.

If these are needed, the panel (with your consent) will arrange this with your treating healthcare practitioner.

Surveillance video may be provided to the panel. The panel may view and discuss the footage with you.

Please contact the referrer to receive copies of any surveillance video applicable to your claim if this is listed as part of your referral documentation. You must do this before your hearing.

Yes, you may be asked to see a psychiatrist so the panel can consider a more comprehensive assessment.

The Medical Panel may need to contact your treating healthcare practitioner but will only do so with your consent.

This applies to contacting not only your treating healthcare practitioner, but also providers of any medical and related services (such as physiotherapists and psychologists).

Our office will organise this for you.

If you have a copy of the following information relating to your condition, you should bring it with you to the hearing.

• X-rays, CT scans, MRI scans, nerve conduction studies and the reports that go with them.
• Results of any other tests (such as blood tests, urine tests or any other tests).
• A list of medications.

Yes, you can provide the panel with extra information if you want. This can include:

• medical reports from a hospital, doctor or allied health professional
• a summary of information in your own words.

You can send this information by mail or email to our office before or after your hearing. You can also bring any additional information with you to the hearing. Any additional information provided after the Medical Panel has formed its opinion will not be considered.

Please note, any information you provide to the Medical Panel will be provided to the other parties involved.

If you’ve been sent to the Medical Panel by the Magistrates’ Court or County Court, any information you want to give to the panel must be approved by the magistrate or judge before it’s given to the Medical Panel. We recommend this information is provided to the panel by your representatives.

You are welcome to bring a friend or family member with you for support when you attend Medical Panels.

Given the personal and private nature of some questions asked, the panel will decide at the time of your hearing whether a support person can be present during the hearing. As the panel decides this, we won’t be able to confirm this to you over the phone before the hearing.

If you are a ‘person under disability’ you are entitled to representation under law. This includes if you are:

• under 18 years of age
• with a disability and incapable of self-advocacy
• with legally/court appointed advocates, litigation guardians/representative.

If you are entitled to have a representative under the law, please contact our office so suitable arrangements can be made to ensure your representative can accompany you to the hearing.

Legal representatives, WorkCover insurers, union representatives, employers or any other official party to the dispute cannot attend a Medical Panel hearing with you or on your behalf.

Please don’t bring children to your hearing. The panel would like to speak to you without distraction. If you do, your hearing may need to be postponed/rescheduled.

Note, Medical Panels do not provide child minding facilities. If it is unavoidable that a child comes with you, another person must attend with you to supervise the child while you are in the examination room.

You can bring a registered assistance dog to your hearing. You may be asked to provide evidence that the assistance dog is qualified, accredited and serving the person they are with.

Please advise the Medical Panels’ office if you will be attending with your assistance dog.

Please note that emotional support animals are not recognised by law in Australia and are not permitted to attend.

If an interpreter has been arranged for your hearing, your hearing confirmation email will confirm this.

If you’re not sure an interpreter has been arranged and you need one, please contact our office as soon as possible before the hearing.

If we are not aware you need an interpreter, the hearing may not be able to proceed. It will be rescheduled for another day and time.

Please note, friends and family members are not allowed to interpret for you.

You don’t need to pay anything for your hearing. The cost is paid by the WorkSafe agent or self-insured employer.

You should speak to your WorkSafe agent or self-insured employer directly if you wish to claim any costs incurred attending a Medical Panel hearing. They will be able to advise you on what you can claim and how to claim it. Usually, you can claim reasonable cost of your travel, and in some cases, you may be able to claim accommodation and meals.

If you believe you may face financial hardship by paying the costs upfront, there are options for pre-payment. If this applies to you, you should contact your WorkSafe agent or self-insured employer as soon as you receive notification of your hearing.

If requested, the Medical Panels office can provide you with a Certificate of Attendance.

When the Medical Panel has written up its medical opinion, it will be sent to all relevant parties. Opinions may be released within 24 hours after your appointment. However, for most WorkCover cases it takes around 4 weeks from your hearing. It may take longer for more complex matters.

The Medical Panel can’t reopen your matter once it has issued its opinion. If you don’t agree with the opinion, seek legal advice.

For a WorkCover claim, please contact:

• your legal representatives
• WorkCover Assist on 9941 0537 or [email protected]
• Union Assist on 9639 6144 or [email protected]
• WorkSafe Advisory on 1800 136 089 or through the website at worksafe.vic.gov.au

If you’re unhappy about any part of your Medical Panel hearing, you can reach us by:

• phone on 1800 061 715
• mail to Medical Panels, Level 6 (North Tower), 485 La Trobe Street, Melbourne VIC 3000
• email [email protected]

The Medical Panels office is located at Level 6 (North Tower), 485 La Trobe Street, Melbourne. Most hearings are conducted here. Please refer to the map at the end of this brochure for location, public transport, and parking information.

You should check your hearing letter to confirm the venue of your hearing.

You can find information about your hearing on this website.

You can also contact your WorkSafe Agent or self-insured employer for more information.

We understand that dealing with a Panel Hearing can be a difficult and stressful time. If you’d like to talk to someone, these services may be of assistance:

• Lifeline (opens in a new window) – phone 131 114 (Australia-wide)
• Beyond Blue (opens in a new window) – phone 1300 224 636 (Australia-wide)
• SuicideLine (opens in a new window) – phone 1300 651 251 (Victoria)
• Your local GP or mental healthcare professional