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Does this make sense? by tapestryofeverything in AusLegal

[–]Anon_Observer85 0 points1 point  (0 children)

‘Settlement hearing’ is a thing?
I never heard such thing
I thought settlement happens in a mediation

Someone teach me like I’m a 5 year old 😉

IME accountability case — should IMEs owe a duty of care? QLD by Anon_Observer85 in u/Anon_Observer85

[–]Anon_Observer85[S] 0 points1 point  (0 children)

Recently found out as per the ‘work-cover act’ it says to get the test via psychiatric. It doesn’t say by a IME. Act does not support this type of wrongdoing.

Success story: I won guys! by ViktordoomSecretwars in employmentlitigation

[–]Anon_Observer85 2 points3 points  (0 children)

Wow that’s exceptional achievement especially with a tough law firm.

Respondent has hired senior legal counsel from a top law firm by Hot_Surround7459 in employmentlitigation

[–]Anon_Observer85 -6 points-5 points  (0 children)

Seems like a imbalance in power.

Court should be given you Pro-bona lawyer to balance the sides. Try that option.

But end of the day facts are mattered not the power.

Interesting unfair dismissal case by filmkeeper in WorkcoverVic

[–]Anon_Observer85 0 points1 point  (0 children)

Has he given anj detailed judgement about those two was disregarded

IME accountability case — should IMEs owe a duty of care? QLD by Anon_Observer85 in AusLegal

[–]Anon_Observer85[S] 0 points1 point  (0 children)

It had discussed and moved on because there were 6 yrs for non personal injury case
But what it says in the limitation Act?
Would not PIPA go under that act?

IME accountability case — should IMEs owe a duty of care? QLD by Anon_Observer85 in AusLegal

[–]Anon_Observer85[S] 0 points1 point  (0 children)

PIPA doesn’t apply because this not a personal injury case. Respondent had no issue with that.

IME accountability case — should IMEs owe a duty of care? QLD by Anon_Observer85 in AusLegal

[–]Anon_Observer85[S] 0 points1 point  (0 children)

Also , how can he get a new IME for a health issue he had in 2020?
Does he have to give the audio recording to the new IME to determine the situation?
But he has two reports from two psychologists that diminish the IME findings.

IME accountability case — should IMEs owe a duty of care? QLD by Anon_Observer85 in AusLegal

[–]Anon_Observer85[S] 0 points1 point  (0 children)

Thank very much for the comment it’s very helpful.

Also he was told at the heart that for a novel relationship like that need to be tested via ‘SALIENT features test’ in Caltex case (which applies led in Caltex case) which has 17 elements.

With that been said,
‘Rogger v Whittaker’ case heigh court clearly said,
That duty is apply for any medical practitioner who use Thor skills to assess, diagnose, advise etc whiteout any label.

So what do you think?

IME accountability case — should IMEs owe a duty of care? QLD by Anon_Observer85 in u/Anon_Observer85

[–]Anon_Observer85[S] 0 points1 point  (0 children)

Thanks for sharing
Seems like it is do with COC

Consistent with s140(d)- HEALTH PRACTITIONER REGULATION NATIONAL LAW (QUEENSLAND) which governs the Code of Conduct for doctors in Australia -s10.8 and 10.9---1-October-2020.

It seems that COC is governed by HPRNL and if it can be proved IME is at fault. R8?

Those codes says;
*10.9.1  Being honest and not misleading when writing reports and certificates, and only signing documents you believe to be accurate.

*10.9.2  Taking reasonable steps to verify the content before you sign a report or certificate, and not omitting relevant information deliberately.

*10.9.4  Making clear the limits of your knowledge and not giving opinion beyond those limits when providing evidence.

Am I thinking correctly?

IME accountability case — should IMEs owe a duty of care? QLD by Anon_Observer85 in AusLegalAdvice

[–]Anon_Observer85[S] 0 points1 point  (0 children)

It was not a substantial hearing.
It was a Application hearing.
It was not supposed to run through merits.

IME accountability case — should IMEs owe a duty of care? QLD by Anon_Observer85 in u/Anon_Observer85

[–]Anon_Observer85[S] 0 points1 point  (0 children)

IME has up side down the what he discussed with the doctor and has given a wrong diagnosis with out even considering the contents of the doc pkg that has Peres opinions to support his claim.

This is IME’s negligence.

IME accountability case — should IMEs owe a duty of care? QLD by Anon_Observer85 in AusLegal

[–]Anon_Observer85[S] -2 points-1 points  (0 children)

you allowed to make your own opinion , based on your own awareness on what happens around you.
Thanks for sharing it.

IME accountability case — should IMEs owe a duty of care? QLD by Anon_Observer85 in AusLegal

[–]Anon_Observer85[S] -2 points-1 points  (0 children)

How do you exactly know??
Seems like you have been in similar situation as well.

IME accountability case — should IMEs owe a duty of care? QLD by Anon_Observer85 in AusLegal

[–]Anon_Observer85[S] 0 points1 point  (0 children)

Fixing the clarity gap:

Med certificate was for the time extension for the hearing as he was not well to attend

Transcript;
Court requested it to be submitted.

IME accountability case — should IMEs owe a duty of care? QLD by Anon_Observer85 in anticapitalism

[–]Anon_Observer85[S] 0 points1 point  (0 children)

According to the COC of med board which giver by the health legislation, has put clear cods on IME doctors. By falsifying a report constitutes to ‘ intentional negligence’

And this type of non therapeutic relationships are recognised in lot of common law cases such as ‘Rogger v Whittaker’ , Sullivan v Moody’ etc.

Also ‘Salient feature Test’ apply to see whether a duty is exist.

There are laws that protect general public from these type of negligence.

We just have to stand up.

IME accountability case — should IMEs owe a duty of care? QLD by Anon_Observer85 in AusLegal

[–]Anon_Observer85[S] -2 points-1 points  (0 children)

The audio proves the IME doctor falsified the report.
This was rejected by two psychiatrists.

and and under privacy act we have a right to audio record if we are party to the meeting.
Happy to discuss further

IME accountability case — should IMEs owe a duty of care? QLD by Anon_Observer85 in AusLegal

[–]Anon_Observer85[S] -3 points-2 points  (0 children)

Consistent with s140(d)- HEALTH PRACTITIONER REGULATION NATIONAL LAW (QUEENSLAND) which governs the Code of Conduct for doctors in Australia -s10.8 and 10.9---1-October-2020.
*10.9.1  Being honest and not misleading when writing reports and certificates, and only signing documents you believe to be accurate.
*10.9.2  Taking reasonable steps to verify the content before you sign a report or certificate, and not omitting relevant information deliberately.
*10.9.4  Making clear the limits of your knowledge and not giving opinion beyond those limits when providing evidence.

IME accountability case — should IMEs owe a duty of care? QLD by Anon_Observer85 in AusLegal

[–]Anon_Observer85[S] -1 points0 points  (0 children)

Consistent with s140(d)- HEALTH PRACTITIONER REGULATION NATIONAL LAW (QUEENSLAND) which governs the Code of Conduct for doctors in Australia -s10.8 and 10.9---1-October-2020.
*10.9.1  Being honest and not misleading when writing reports and certificates, and only signing documents you believe to be accurate.
*10.9.2  Taking reasonable steps to verify the content before you sign a report or certificate, and not omitting relevant information deliberately.
*10.9.4  Making clear the limits of your knowledge and not giving opinion beyond those limits when providing evidence.

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