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If the employer disputes the assessment relating to the degree of worker’s permanent impairment, worker compensation lawyers can represent the worker in the dispute settlement process. According to New South Wales law, when a worker is permanently impaired due to a work related injury the employer or the employer’s insurer will have to agree with the worker as to the level of the worker’s impairment. Where the parties are not able to reach such as agreement, the worker will have to get an assessment of the impairment from one of the approved medical specialists. However, the medical practitioner who is currently treating the worker cannot assess the degree of impairment for this purpose. The approved medical specialists’ list is available on the WorkCover website, and any one from the list can be selected, provided that the selected approved medical specialist is available and is suitable for the assessment. Then the worker needs to complete the “Request for Assessment by Approved Medical Specialists of worker’s Degree of Permanent Impairment” form which is also available on the WorkCover website. If the approved medical specialist requires the worker of additional information, it should also be provided. Then a time, date and place for the assessment will be arranged and the worker will be required to attend the assessment. During the assessment the medical specialist may ask questions about the injury and require the worker, employer or even the insurer to supply relevant information. Non compliance with the approved medical specialists’ requests can result in penalties as well as dismissal of court proceedings where the proceedings have already been instituted. After the assessment the worker will be given a written report as well as the certificate of assessment, which will be used in the court proceedings. However, if the employer decides to dispute the certificate of assessment, the worker can make an application to get the matter settled through conciliation or arbitration. The worker’s degree of permanent impairment can then be determined by the conciliation officer, the arbitrator or by a panel of approved medical specialists. Worker compensation lawyers can represent the parties if the matter goes to conciliation or arbitration.
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