Year-long delays in court system as medical specialists hold up compo

The head of the independent workers compensation body has warned of a looming “disaster” for the scheme because medical specialists are taking up to 8 months to assess the injured.

The head of the independent workers compensation body has warned of a looming “disaster” for the scheme because medical specialists are taking up to 8 months to assess the injured.

The Honourable Justice Steven Dolphin took the unusual step of contacting The Advertiser and writing to Industrial Relations Minister Kyam Maher to highlight his concerns with medical delays.

He said delays in specialist advice needed by the South Australian Employment Tribunal judging the compensation for injured workers, could blow out to twelve months or more.

“This problem started slowly, gathered pace, and now I fear, like a flooded river, may engulf the whole Scheme,’’ Justice Dolphin states in a judgment this month.

“Were that to occur, it would be a disaster for the Scheme.”

Justice Dolphin was commenting in a judgment for a requested delay caused by an injured worker not being able to see a urologist until August next year.

President of the South Australian Employment Tribunal Justice Steven Dolphin. Picture: SAET.

The medical opinion is required when both parties want to reach an agreed settlement, which the SAET is required to finalise within six weeks.

“It has been my observations over recent times, throughout hundreds of proceedings that I case manage, that waiting times for a medical assessment is at a minimum of 3 months or so,’’ Justice Dolphin said

“More likely 3 to 5 months and only recently, becoming more than 6 months. The suggested waiting time in the present case of in excess of 8 months represents a very worrying trend.”

Justice Dolphin said the problem was caused by a shortage of specialists on an approved list, that included only four urologists.

He also commented on the practice of lawyers for many of those injured to approach only a small number of sympathetic specialists on that list.

A spokeswoman for Industrial Relations Minister Kyam Maher said a review into the operations of SAET would be finished by mid 2023.

“The Minister will ensure the working group is aware of the issues raised in the judgment,’’ the spokeswoman said.

“The Minister also intends to raise these issues for consideration by the Ministers Advisory Committee, which includes representatives of the medical profession as well as both businesses and injured workers.”

In his judgment Justice Dolphin ordered that the urologist in question be asked to see the injured worker within 2 months.

“During that conversation, the urologist is to be advised that it is the view of the President of SAET that providing such an appointment is highly desirable given the objects of this tribunal,’’ he stated.

The case will be heard again on 17 January 2023.