6.2.4.5 Worker’s supporting medical evidence
It is not necessary for a worker to submit any medical reports with their IB Impairment Benefits claim. Agents are responsible for collecting background medical material required to process the claim.
Although the claims process has been designed to relieve workers of the need to obtain any medical opinions, some workers may still be inclined to obtain their own reports.
See: Impairment Protocols
The reasonable costs of medical reports from a worker’s treating medical practitioner properly obtained by a worker’s solicitor (that is, in line with WorkSafe Impairment Benefit Protocols) can be reimbursed under the legislation.
Agents to ensure all reports are received before IIA
Agents should ensure that treating practitioner reports are collected before arranging an independent impairment assessment.
Provision of reports from worker's legal representative
Reports provided by a worker from a medical practitioner who has not treated the worker (medico-legal reports) are not relevant in the assessment of impairment. The reasonable costs of these reports will only be reimbursed where:
- the reports were provided to the Agent in response to the Agent’s denial of liability and
- liability is ultimately accepted by the Agent or the court.
Note: If liability is established through litigation, the cost of these reports is to be treated as a legal disbursement.