LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Employment Law - Independent Medical Review Opposite from My Specialists' Opinions?

Discussion in 'Employment Law Forum' started by Claudia, 12 July 2016.

  1. Claudia

    Claudia Active Member

    Joined:
    11 September 2014
    Messages:
    10
    Likes Received:
    3
    Hi,

    I am trying to return to work after a "not work related' medical condition. I was diagnosed with an acute heart condition requiring urgent surgery. After 8 weeks off work, my GP recommended a gradual return to full-time work (over 4 weeks) and 12 months break from overnight shifts.
    The Cardiologist also supported morning shifts for the next 4 months and medically cleared me to return to work.

    My psychologists said same as the doctor and suggested I have a break from the vicarious trauma of the job for 12 months.

    As a result of those letters, the HR specialist has ordered an independent medical assessment with an external provider.

    A copy of the work referral to the medical service arrived today and it was scary to read. Lines from the documents I submitted have been taken out of context and reconstructed to suggest incapacity for me to do the job. The psychologist was outraged when she read the referral.

    I don't know anything about the medical service and what medical test they can demand and for what purpose they would need my entire medical history. I do not want to attend another medical examination, given the specialists that are already involved.

    14 years in the job, no work performance issues...5 years overnights mostly, 20:00 to 06:00. It's a 24/365 call centre.

    Feels like my work is doctor shopping. What's wrong with my specialist's opinions and clearances?

    I need urgent help with this employment law matter...someone to review the docs...

    Thanks
     
  2. Serge Gorval

    Serge Gorval Well-Known Member

    Joined:
    2 November 2015
    Messages:
    167
    Likes Received:
    10
  3. Workplace Law

    Workplace Law Member

    Joined:
    15 August 2016
    Messages:
    4
    Likes Received:
    0
    I am of the opinion that there is no such thing as an independent medical examination. The question to ask who is paying for the medical examination to be done. Generally, it will be the company. Not really independent then
     

Share This Page

Loading...