Medical question
medical question means any of the following —
- a question as to the nature of a worker's medical condition relevant to an injury or alleged injury
- a question as to the existence, extent or permanency of any incapacity of a worker for work or suitable employment and the question whether a worker is partially or totally incapacitated
- a question as to whether a worker has a current work capacity Under the legislation, unless inconsistent with the context or subject-matter — current work capacity, in relation to a worker, means a present inability arising from an injury such that the worker is not able to return to his or her pre-injury employment but is able to return to work in suitable employment, declared training program or has no current work capacity and what employment would or would not constitute suitable employment
- a question as to whether a worker, on a particular date or during a particular period, had no current work capacity and if not, what employment would or would not, have constituted suitable employment on that date or during that period
- a question as to whether a worker has no current work capacity and is likely to continue indefinitely to have no current work capacity
- a question as to whether a worker has a current work capacity and, because of the injury, is, and is likely to continue indefinitely, to be incapable of undertaking —
- (i) further or additional employment or work or
- (ii) further or additional employment or work that would increase the worker's current weekly earnings —
and if not so incapable, what further or additional employment or work the worker is capable of undertaking
- a question as to the medical, personal and household or occupational rehabilitation service provided or to be provided, to a worker for an injury, including a question as to the adequacy, appropriateness or frequency of that service
- a question whether a worker's employment was in fact or could possibly have been—
- a significant contributing factor or
- a contributing factor—
to an injury or alleged injury or to a similar injury
- a question as to the extent to which any physical or mental condition, including any impairment, results or resulted from or was or is, materially contributed to by the injury
- a question as to the level of impairment of a worker, including—
- a question of the degree of impairment of a worker assessed in accordance with Division 4 of Part 2 of this Act or section 91 of the Accident Compensation Act 1985
- a question as to whether or not that impairment is permanent
- a question as to the amount of the total percentage referred to in section 61(2)(b) of this Act or section 89(3)(b) of the Accident Compensation Act 1985
- a question as to whether a worker has an injury which is a total loss mentioned in the Table in Schedule 4 of this Act or the Table in Schedule 3B of the Accident Compensation Act 1985
- a question whether a worker's incapacity for work results or resulted from or is or was materially contributed to by, an injury or alleged injury
- a question prescribed to be a medical question in respect of an application for leave under section 335(2)(d) of this Act or section 134AB(16)(b) of the Accident Compensation Act 1985
- a question determined to be a medical question by a court hearing an application for leave under section 335(2)(d) of this Act or section 134AB(16)(b) of the Accident Compensation Act 1985