Guide for the Worker's Representative

Every matter which comes before a Medical Assessment Tribunal is the result of a referral from an insurer and is called a Medical Assessment Tribunal Referral.

An insurer refers a matter using the approved form and gives the Tribunal a copy of all relevant documents which include:

• an application for compensation
• an application for a damages certificate under the WorkCover Queensland Act 1996, section 2703
• a notice of claim
• all medical reports
• investigative or expert reports
• information about medical treatment or investigations
• a worker's, employer's or witness' statements
• the insurer's reasons for a decision.

The Tribunal Secretariat receives the reference and validates it to ensure that information such as the terms of reference is correct.

The terms of reference are the relevant section of the relevant Act which the insurer has identified for the Tribunal to address. These are the questions that the Tribunal address.

Some examples of the matters that may be referred to the Tribunal for a decision include:

• application for compensation for an alleged injury
• capacity for work
• injury for damages
• permanent impairment
• level of dependency
• disfigurement as a result of injury.

The worker will receive a phone call telling them the Tribunal and appointment details.

If a worker requires a copy of the terms of reference and relevant documents to be sent to you as their representative, they request the Secretariat to release the documents.

The Tribunal Secretariat will then start the exchange of relevant documents process which must happen within 10 business days.

Up to 10 business days before the Tribunal hearing date, the worker has the opportunity to provide any additional documents to the Tribunal and the insurer.

Any insurer response to the worker's submission must be provided to the Tribunal and worker at least three business days before the hearing date.

Submissions

A Tribunal reviews and assesses injury and impairment. The worker must attend and may bring a representative.

It will assist the Tribunal if the worker and their representative confines their submissions to the specific Tribunal and terms of reference.

For example, submissions relating to an application for compensation will not necessarily assist the Tribunal in assessing capacity for work.

The Tribunal must afford procedural fairness to all parties and before making its decision may need to disclose to an affected party details of any new information provided in verbal submissions for their response.

Arriving at the Tribunal

It is important to remember that Q‑COMP does not have facilities or meeting rooms for you to meet in before the hearing so any discussions should be held at your office before the Tribunal hearing.

It is important to arrive promptly for the hearing and both you and the worker must sign in at Q‑COMP's ground floor reception area where you will be issued a visitor badge.

You will then make your way to the Tribunal reception area on Level 3 and provide your names to the Level 3 receptionist.

A Tribunal officer will greet you and take any of the worker's medical imaging such as x-rays for the Tribunal members to review.

No child-minding is available at Q‑COMP and the worker should make their own private arrangements for childcare.

For security reasons, bags must be left at the Tribunal reception area in the lockers provided.

The hearing

Only you and the worker may be present or heard before the Tribunal which consists of three members or no more than five in the case of a Composite Tribunal.

Verbal submissions may be made at the Tribunal but again should be restricted to matters relevant to the specific Tribunal and terms of reference.

After the submissions have been presented, the Tribunal members will then question the worker. Please refrain from answering the questions for the worker.

For physical injuries, Tribunal members will also physically examine the worker.

The examination takes place in a room adjacent to where the Tribunal is sitting and a female Tribunal officer may act as chaperone for female workers.

After the appointment

Once the Tribunal hearing concludes, a member of the Tribunal panel will escort you and the worker to the Level 3 reception area where bags held in the lockers may be collected.

You then return to the ground floor reception desk, sign out and return your visitor badge before leaving.

The decision

The Tribunal decision is usually finalised within seven days of the hearing.

You, the worker and insurer will receive a written copy of the decision.

Decisions are never advised verbally please ensure your client is aware of this.

Should the decision-making process exceed seven days, the worker and insurer are advised of the reason for the delay and expected timeframe.

The Tribunal sometimes defers its decision but this may be for no longer than three months at a time.

Fresh medical evidence

The Tribunal's decision is final however, for injuries under the Workers' Compensation Act 1990 and subsequent Acts, the worker may ask the insurer to consider fresh medical evidence about the worker's injury within 12 months of original decision.

The insurer must refer the matter to a review panel which consists of the General Medical Assessment Tribunal chair or deputy chair and a member of the original Tribunal panel.

The panel will consider the medical evidence and either accept or reject it. This decision is final and may not be appealed against.

If the panel accepts the medical evidence, the insurer must refer the application to the appropriate Tribunal and where possible, the original panel will decide the application.