1. Medical reports
Some Practical Tips

2. THE RULES FOR EXPERT EVIDENCE
The field of expertise rule.
The expertise rule.
The common knowledge rule.
The ultimate issue rule.
The basis rule.
The explanation rule.

3. Some Common Problems It is not the doctor’s role to find facts.
Don’t ask inappropriate questions.

4. Some common problems
Q. Do you consider that the injury has arisen wholly or predominantly from reasonable administrative action? A. No, it’s my opinion that the workplace used reasonable measures to manage the situation.

5. The doctor can identify the workplace stressors reported by the worker
The doctor can identify the workplace stressors reported by the worker. But it is the judge’s role to find what they were.

6. The characterisation of action as administrative action is a mixed question of law and fact. It is not a medical question.

7. The determination of whether administrative action was reasonable is a mixed question of law and fact. It is not a medical question.

8. Some Common Problems
An opinion that does not disclose the assumed facts is useless.

9. Some Common Problems
An opinion that does not disclose how the conclusion expressed was reached is inadmissible.

10. Some Common Problems
A request should not have the doctor guessing what you are seeking.

11. Q Do you have any comments to make about the reports of Dr Strange dated 21 July 2015 and 19 November 2015, copies of which are attached?
A Dr Strange made a similar diagnosis to me. In her first report she stated that the worker has an adjustment disorder. In the second she described it as a depressive illness.

12. Dr Strange has attributed the worker’s depressive and anxiety symptoms to the worker’s personality and personal issues. Do you agree with that opinion? If, not, why not?
Or:
Dr Strange was quite pessimistic about the worker’s prognosis and thought that unless the worker’s personality and personal issues where addressed the worker’s prognosis was guarded. Do you agree with that opinion? If, not, why not?

13. 1 Is the injury complained of consistent with the stated cause?
Answer No

14. 2 Has the worker suffered any, and if so what incapacity for work?
Answer
If she is to be believed she is unable to undertake her duties as a nurse.

15. 3 If so, what is the worker’s capacity for normal and/or alternative duties at this time and when do you envisage that the worker will have the capacity for normal and/or alternative duties?
Answer If Ms Scott’s arthritis is preventing her from carrying out her normal duties that incapacity is likely to continue.

16. 4 What is the worker’s prognosis and please provide any other information that you could provide to assist in the worker’s rehabilitation?
Ms Scott has evidence of arthritis in both of her knees. Given the length of time since she last worked and the persistence of her symptoms my impression is that there may be other factors contributing to Ms Scott’s disability but I am unable to state what these might be.

17. Templates
Beware of the potential for the template to produce a poor request.
Always have in mind the rules of evidence.
Think about what it is that you want to know.

18. Good Reports
A well written letter of request is much more likely to result in a useful report.