Legislative Council: Wednesday, October 27, 2010

Contents

INDEPENDENT MEDICAL EXAMINERS

Adjourned debate on motion of the Hon. A.M. Bressington:

That this council—

1. Calls on the Minister for Industrial Relations to initiate an inquiry into—

(a) the improper use of interstate independent medical examiners, including allegations of—

(i) the use of interstate independent medical examiners in preference to South Australian medical practitioners who are suitably qualified and available;

(ii) interstate independent medical examiners being engaged by claims managers because they are likely to provide a report more favourable to the claims manager's interests; and

(iii) interstate independent medical examiners engaging in unorthodox practices designed to intimidate injured workers;

(b) the allegation that Employers Mutual Limited case managers are intentionally deterring South Australian medical practitioners from working as independent medical examiners by, amongst other things, paying them less than that paid to interstate independent medical examiners and by delaying payment for work completed;

(c) the allegations that Employers Mutual Limited and other claims managers are 'doctor shopping' by engaging multiple independent medical examiners until a report considered favourable is received;

(d) the number of independent medical examinations conducted by interstate independent medical examiners each year over the last four years; and

(e) the number of independent medical examinations conducted and how many injured workers have been required by their case managers to have an assessment by an independent medical examiner each year over the last four years.

2. Requests the minister to table the report on the findings of the inquiry.

(Continued from 15 September 2010.)

The Hon. R.I. LUCAS (22:25): I rise to support the motion, albeit we will be moving one very small amendment. I move:

Paragraph I(a)—Leave out the word 'improper'

The Liberal Party intends to support the motion of the Hon. Ann Bressington. Her contribution some weeks ago clearly and eloquently outlined the reason for the motion. It is calling for the Minister for Industrial Relations to initiate an inquiry into a series of allegations that have been made to the Hon. Ms Bressington, some sections of the media and others. I have to say, from the viewpoint of one member of the opposition, I am obviously at this stage not in a position to know the accuracy or otherwise of some of the allegations that have been made and, of course, that is one of the reasons why the Hon. Ms Bressington is calling for the Minister for Industrial Relations to initiate an inquiry to establish the truth or otherwise of a range of serious allegations that have been made in relation to the use of interstate independent medical examiners.

I place on the record that whilst these allegations, or some of these allegations, are quite serious in relation to the practices of either companies or some individuals involved in the workers' compensation process and business here in South Australia, we accept the seriousness of the allegations but, as I said, we are not in a position to be able to establish the accuracy or otherwise of some of the allegations made on this issue. Our position is that we are prepared to support the motion.

The only amendment we are moving is that in paragraph (a) we leave out the word 'improper', so that it will read 'calls on the Minister for Industrial Relations to initiate an inquiry into the use of interstate independent medical examiners, including allegations', and then the motion proceeds to outline all the allegations. It is our humble view that the use of the word 'improper' puts us in a position of having to make a judgment as to whether or not the use of interstate independent medical examiners has been improper. As I said, we are not in a position to make that judgment at this stage. We certainly think the allegations are serious enough to warrant an inquiry. We are prepared to support the motion of the Hon. Ms Bressington and, with the amendment that we have moved, we would be prepared to do so.

Debate adjourned on motion of Hon. I.K. Hunter.


At 22:29 the council adjourned until Thursday 28 October 2010 at 11:00.