What does the medical panel (industrial diseases) do?

The medical panel is established to determine the questions prescribed in sections 38 and 93 of the Workers’ Compensation and Injury Management Act 1981 (the Act). All claims for compensation in relation to pneumoconiosis, mesothelioma, lung cancer and diffuse pleural fibrosis are referred to the medical panel for determination. The panel determines whether the worker is or was suffering from the prescribed diseases, if so, is or was the worker thereby less able to earn full wages, the extent to which physical effort was adversely affected, is or was the worker fit for work and if so at what level, and a number of other related questions.

The medical panel is made up of physicians who specialise in diseases of the chest or occupational disease. Panels operate independently, with WorkCover WA providing administrative support and funding only.

Reference to the medical panel

Section 36 (Reference to medical panel) of the Act states:

"Whenever a claim is made by, or in relation to, a worker for compensation under section 33 or 34, the employer shall within 14 days of the making of the claim send particulars of the claim to WorkCover WA, and the chief executive officer shall refer the question of the worker’s condition and fitness for employment to a medical panel comprising 2 or 3 physicians -

(a) all of whom are to be nominated by the chief executive officer from amongst physicians who specialise in diseases of the chest or in occupational diseases; and

(b) at least one of whom specialises in diseases of the chest."

Functions of the Medical Panel

The medical panel exists to examine workers who may be adversely affected by pneumoconiosis, mesothelioma, lung cancer or diffuse pleural fibrosis, and to consider and determine the following questions –

(a) is, or was, the worker suffering from pneumoconiosis, mesothelioma, lung cancer or diffuse pleural fibrosis? –

(b) if so, is, or was, the worker thereby less able to earn full wages?

(c) to what extent if any does, or did —

(i) pneumoconiosis;
(ii) mesothelioma;
(iii) lung cancer,
(iv) diffuse pleural fibrosis,

adversely affect the worker's ability to undertake physical effort?

(d) what other, if any, disease or physical condition is, or was, contributing to the worker's being less able to earn full wages, or death and to what extent?

(e) is, or was, the worker fit for work? If so, at what level — light, moderate, or heavy?"

These diseases are usually due to excessive exposure to dust containing crystalline silica or asbestos. The medical panel does not consider or determine what caused the worker’s incapacity.

Operation of the medical panel

Appearance before the Medical Panel

• The worker is medically examined by the panel members.
• Work history, medical history, medical evidence and symptoms are discussed with the worker.
• The worker's CT results and lung function tests are examined.
• The worker may have a medical practitioner who has examined or treated him/her make oral submission to the Medical Panel.

Determinations in Absentia

Provided sufficient medical evidence has been supplied and the medical panel agrees, a worker’s determination may be made without an attendance. This applies only where a worker is unable to attend due to hospitalisation or distance.

Determinations by the medical panel

Following the examination of the medical evidence provided and a review of the worker, the medical panel makes a determination as to whether one of the four listed diseases is present. The medical panel’s determination is provided to the worker and the employer.

The determination of the medical panel is final, conclusive and binding on the worker and employer. There is no restriction on the number of appearances an applicant may make before the medical panel.

It is important to note that the medical panel can only make a determination regarding pneumoconiosis, mesothelioma, lung cancer and diffuse pleural fibrosis based on the available medical evidence. If the medical panel determines the worker is not suffering from one of these four diseases, it does not imply that there is nothing wrong, nor does it prevent the worker from making a claim for other conditions which may be compensable under the provisions of the Act.

Medical panel statistics

For statistics on the medical panel please refer to the WorkCover WA’s Annual Report.

For more information

For general information on workers’ compensation and making a claim for an industrial disease, contact Advisory Services. If you have an enquiry regarding an application to the Medical Panel please contact the Administrative Support Officer.