Workplace Injury Management and Workers Compensation Act 1998 No 86
328 Procedure on appeal
(1) An appeal against a medical assessment is to be heard by an Appeal
Panel constituted by 2 approved medical specialists and 1 Arbitrator, chosen
by the Registrar.
(2) The appeal is to be by way of review of the original medical
assessment. The WorkCover Guidelines may provide for the procedure on an
(3) Evidence that is fresh evidence or evidence in addition to or in
substitution for the evidence received in relation to the medical assessment
appealed against may not be given on an appeal unless the evidence was not
available to the appellant before that medical assessment or could not
reasonably have been obtained by the appellant before that medical
(4) When attending an Appeal Panel for the purposes of an assessment,
an injured worker is entitled to be accompanied by a person (whether or not a
legal adviser or agent) to act as the injured worker’s advocate and
assist him or her to present his or her case to the Appeal
(5) The Appeal Panel may confirm the certificate of assessment given
in connection with the medical assessment appealed against, or may revoke that
certificate and issue a new certificate as to the matters concerned. Section
326 applies to any such new certificate.
(6) The decision of a majority of the members of an Appeal Panel is
the decision of the Appeal Panel.