Joint Medical Examination (JME) Protocols

Joint Medical Examination (JME) Protocols
What is the process for requesting a supplementary report following receipt of a Joint Medical Examination (JME)? If a party wishes to obtain a supplementary report following a JME, they must notify the other party in writing including a copy of the proposed letter to the examiner. The other party should respond within 14 days if they wish to provide further questions and/or material or if they do not agree. If the non-initiating party fails to respond within 14 days the request for a supplementary report is deemed to have been approved.
When can I claim medicolegal report as a disbursement? As per Section 60 (2F) of the Transport Accident Act (Vic) 1986, the TAC is not required to pay for medicolegal reports unless those reports are obtained jointly by the TAC and the claimant.

The TAC will only pay for the reasonable cost of medico legal reports not obtained on a joint basis when an Impairment, Common Law or Dispute Protocol application has been received and the report is reasonably required. In the case of Impairment, the claimant must also receive an impairment benefit and the report must have been submitted prior to the impairment determination being made. Medico legal reports obtained during litigation can be considered as a disbursement following legal proceedings.

It is important to note that the TAC will not reimburse a medico legal report not obtained on a joint basis where the report is a duplication of a JME speciality used in the determination of impairment (e.g. two orthopaedic assessments for the same claim and injury).

Can I challenge a denial of a JME? As part of the JME Protocols, if you are dissatisfied with the TAC’s decision to deny a JME, you can apply for a review of that denial by submitting a Notice of Intention to Lodge a Dispute form with the TAC. The form can be found on the TAC’s website. Your application will be assessed by the TAC’s Review Office and responded to within the required timeframe. Should the TAC maintain the denial, normal review rights remain available.
What is the process for rearranging a Joint Medical Examination (JME) appointment? To reschedule a JME, the claimant’s lawyer must submit a completed JME reschedule form via e-mail to the JME inbox more than 28 days from the appointment date to allow all parties sufficient time to send information to the examiners. If the appointment is within 28 days please email TAC at jmerequests@tac.vic.gov.au.