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Liability Handbook
Ch 9 Defining the 'Injury'
9.2 Need for Clear and Accurate Diagnosis
- 9.2.12 Medical examination (commissioned by the Delegate)
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Delegates may find that the ADF medical notes, even those contemporary with the alleged injury, report symptoms b — ut do not contain a valid diagnosis. Similarly, reports or letters from a reservist's GP or even the treating specialist may not contain a satisfactory diagnosis either.
In that case Delegates are empowered by S57 of the SRCA to require the claimant to a — ttend a medical examination by a doctor of the Delegate's choosing. This requirement is enforceable. Failure to attend the examination without reasonable excuse leads to automatic suspension of the case.
In the context of this present discussion, the pur — pose of such a medical examination may be only to clarify the diagnosis (i.e. what, if anything, the claimant suffers from). However, the usual practice is to ask the examining doctor to report on a whole suite of issues, including the nexus between any d — i — agnosed injury and employment, current capacity for employment etc.
Issues related to medical examinations and reviews have therefore been consolidated at part 12 of this Handbook and Delegate's seeking guidance on clarifying a diagnosis by means of an i — ndependent medical opinion should refer to that section.