State of Queensland (Department of State Development, Infrastructure and Planning) v Simon Blackwood (Workers' Compensation Regulator)

[2014] QIRC 75

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	State of Queensland (Department of State
Development, Infrastructure and Planning) v Simon Blackwood (Workers' Compensation Regulator)
[2014] QIRC 075
PARTIES:	State of Queensland (Department of State
Development, Infrastructure and Planning) v State of Queensland)
(Appellant)
v
Simon Blackwood (Workers' Compensation Regulator)
(Respondent)
CASE NO:	WC/2014/111
PROCEEDING:	Application for an Order that the Worker submit to
a personal examination by a registered specialist
DELIVERED ON:	2 May 2014
HEARING DATE:	30 April 2014
MEMBER:	Industrial Commissioner Fisher
ORDERS:	Worker to submit to personal examination by a
registered specialist
CATCHWORDS:	WORKERS' COMPENSATION - APPEAL AGAINST DECISION - Application for order for medical examination by worker - Respondent not opposed to order - Additional orders sought by respondent - Letter of instruction - Content of letter of instruction - Letter of instruction be provided to respondent at an early date - Ordered worker submit to medical examination.
CASES:	Workers' Compensation and Rehabilitation Act
2003, s 554, s 556,
State of Queensland (Department of State Development, Infrastructure and Planning) AND Simon Blackwood (Workers' Compensation
Regulator) WC/2014/37.
Gray v Hopcroft & Anor [2000] QCA 144
State of Queensland AND Q-COMP (WC/2012/197) - Decision - <
APPEARANCES:	Dr M. Spry, Counsel instructed by Crown Law for the Appellant. Mr S.P. Sapsford, Counsel directly instructed by Simon Blackwood (Workers' Compensation Regulator), the Respondent.
Decision

[1]      The State of Queensland (Department of State Development, Infrastructure and

Planning) (the Applicant) has made an application (as amended) for an order under

s 556 of the Worker's Compensation and Rehabilitation Act 2003 (the Act) that

Linda Lindley attend a medical examination by Dr Beech, Consultant Psychiatrist

and consequential orders. The Applicant is also the Appellant in an appeal against

1

the decision of the Workers' Compensation Regulator (the Regulator) which

decided that Ms Lindley's application for compensation was accepted.

[2]     The Regulator did not oppose the order but sought additional orders that the Regulator be provided with the letter of instruction to Dr Beech within 48 hours or by close of business, Friday 2 May 2014 and have liberty to apply in respect of the content of the letter of instruction. The additional orders were opposed by the Applicant.

[3]      At the conclusion of the hearing, I advised the parties that Ms Lindley would be ordered to attend the medical examination given that order was not challenged. I reserved for further consideration the additional matters raised by the Regulator.

[4]      The Queensland Industrial Relations Commission (the Commission) has now had the opportunity to consider the issues and arguments.

[5]      The Applicant sought the order for a medical examination on the basis that an examination would allow a Psychiatrist who has had no previous involvement in Ms Lindley's case to assess her and form an opinion on matters relevant to the appeal, and in particular those aspects of the Regulator's decision which the Appellant seeks to challenge. The Applicant contends that the psychiatric reports provided to date do not or do not adequately address Ms Lindley's past medical history as well as the various management actions taken. The letter of instruction provided to Dr Beech will no doubt advert to these matters.

[6]      The position advanced by the Regulator assumes that it can have some input into the letter of instruction to be provided to Dr Beech. Although this would appear to be for the purposes of ensuring that only relevant matters are canvassed, I am concerned that were liberty to apply be granted, the Regulator may seek to constrain, influence or otherwise alter the matters that the Applicant wishes Dr Beech to consider. In my view, the Applicant is entitled to have confidence in the medical examination which has been ordered to be undertaken by another specialist chosen by the Applicant[2] and ensure that matters relevant to the case it wishes to conduct on appeal can be put to Dr Beech unimpeded by the Regulator's perspective.

[2]

[7]      The Applicant also submits that the letter of instruction will be provided to the Regulator as part of its continuing obligations to disclose. The Applicant is also asked to bear in mind the medical assessment is scheduled for 15 May 2014 and the hearing is scheduled to commence on 16 June 2014. In addition, the Applicant is reminded of s 554 of the Act, which requires parties to provide relevant documents at least 10 business days before the hearing.

[8]      The Commission makes the following orders:

1.	Pursuant to s 556 of the Act, Linda Lindley submit to a medical examination with Dr Michael Beech, Consultant Psychiatrist at 9.00 am on 15 May 2014 at Level 1, Benson House, 2 Benson Street, Toowong.
2.	The costs of Ms Lindley's medical examination with Dr Beech, including her reasonable travel costs to and from the medical examination, be paid by the Applicant.
3.	If, without reasonable cause, Ms Lindley does not attend the medical examination with Dr Beech at the said time and place, she will be required to reimburse the Applicant for costs reasonably incurred by it in relation to the medical examination.
4.	The parties' costs of this application be reserved to the Member hearing the appeal.

[9]      The Commission has been advised by the Regulator that it has informed Ms Lindley of the Order requiring her to attend Dr Beech on 14 May 2014. The Commission requests the Regulator to also notify Ms Lindley of the other Orders made.

[10] Order accordingly.
1

State of Queensland (Department of State Development, Infrastructure and Planning) AND Simon

Blackwood (Workers' Compensation Regulator) WC/2014/37.

Gray v Hopcroft & Anor [2000] QCA 144; State of Queensland AND Q-COMP (WC/2012/197) - Decision

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