Feb 2022: The second independent review of the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 has begun.
This information is aimed at medical practitioners who may be treating a person with asbestos-related disease.
An asbestos-related disease is defined by the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 as a medical condition that is attributable to the person having been exposed to asbestos.
A person is entitled to compensation under the Tasmanian Scheme if:
- they have an asbestos-related disease, and
- the contraction of the disease is reasonably attributable to exposure to asbestos in the course of their employment, and
- at the time of exposure, their employment was connected with Tasmania.
A person with an asbestos-related disease may be referred to a medical specialist in the field in which asbestos-related disease relates.
Medical specialists can determine a number of medical questions relating to current clinical symptoms, diagnosis, prognosis and causation of an asbestos-related disease.
Their answers are used by the Asbestos Compensation Commissioner to determine whether or not a person is entitled to compensation.
(Non-specialist medical practitioners may determine medical questions relating to incapacity or fitness for work, and current medical treatment in Form 9b: ONGOING Medical Certificate for Asbestos-Related Diseases Compensation (PDF, 477.4 KB)).
A medical specialist must complete Form 9a: INITIAL Medical Certificate for Asbestos-Related Diseases Compensation (PDF, 533.8 KB) and provide it to a worker who is applying for asbestos compensation.
This medical certificate forms part of the medical evidence used to assess an application for compensation.
Where a case is referred to a medical panel, the Asbestos Compensation Commissioner provides the medical certificate, along with all other medical evidence, for the determination of medical questions.
Accredited impairment assessors
Impairment assessment helps inform the amount of compensation a person is entitled to. The asbestos compensation scheme uses accredited impairment assessors who are authorised to perform these assessments.
The Asbestos Compensation Commissioner will refer an application to an impairment assessor if the worker is diagnosed by a medical specialist as having a non-imminently fatal asbestos-related disease.
The impairment assessor will provide an assessment about the percentage of whole person impairment (WPI) in relation to asbestos-related disease. They must do so within 10 business days of receiving a referral.
If an applicant is assessed with:
- 10% or more WPI, the application is forwarded to a medical panel to determinate medical questions. See Medical panel guidance and forms for more information
- less than 10% WPI, they are not entitled to compensation
- 50% or less WPI, they are entitled to one impairment assessment each calendar year, paid for by the Asbestos Compensation Commissioner.