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There was no opposition to the idea of an assessment by an independent doctor at the last occasion, but there is disagreement on whether such an assessment can be compelled.
“On the last occasion it was not that I had any objection to an independent exam being performed. It was whether or not it could be compelled and whether or not any inference could be drawn”
There were letters written to Mr Carrim's attorneys requesting him to avail himself for an independent medical assessment, but there was no known positive response; instead the Commission faced vehement opposition to the possibility of such an assessment.
“at least two letters... were written to Mr Carrim's attorneys requesting him to avail himself for an assessment by an independent doctor. Initially there was no response and was there a response the second time around? ... what we got was the vehement argument by you against that as a possibility”
CHAIRPERSON notes that there was strong opposition previously to an assessment by an independent doctor and no such counter-report was provided.
“I think at the last appearance you strongly opposed any idea of an assessment by an independent doctor, so on that basis there can be no question of us having a report by a doctor challenging what Mr Carrim 's doctor says. So we all understand why there is no opposition … It is not as if with an opportunity available for another doctor to counter this doctor 's report, no counter was furnished .”
CHAIRPERSON recalls more than one letter was written to Mr Carrim's attorneys asking him to avail for an independent assessment, initially no response, then vehement opposition from ADV PREMHID.
“More than one letter was written to Mr Carrim 's attorneys requesting him to avail himself for an assessment by an independent doctor. Initially there was no response and was there a response the second time around? I am not sure, but here in open session in this Commission what we got was the vehement argument by you against that as a possibility.”
The treating doctor is not performing an independent medical assessment for the inquiry but is giving clinical opinions; any engagement between the independent doctor and the treating doctor should occur before the interview to understand the treatment plan.
“Our doctor has never pretended once to be performing an independent medical assessment inquiry. He is the treating doctor, and he is giving his clinical opinions...the engagement between the independent doctor and the treating doctors should occur before the interview by the treating doctor”
The treating doctor confirms in the replying affidavit that any interposition in the process of independent and treating doctors must involve the treating doctor.
“and in the affidavit that is filed in those paragraphs and pages I referred you to, and that it is confirmed by the doctor himself, that is the full answer. In fact, what our doctors says in response to their doctor, if I can use that phraseology, is that it actually confirms our doctor's position, which is if there is going to be any such interposition, that our doctor has to be involved in that process.”
The doctor's report states the Independent doctor should be advised that the treating doctor wishes to be engaged by the independent doctor before any interview so the independent doctor understands the treatment plan.
“he actually says the following: “The Commission should even advise the independent doctor that the treating doctor is the treating doctor, wishes to be engaged by the independent doctor …” And he goes on to say: “It is my opinion that the engagement between the independent doctor and the treating doctor should occur before the interview by the treating doctor, the independent doctor, so that the independent doctor understands the treatment plan …””
The Evidence Leaders insist that Mr Carrim be subjected to an assessment by an independent doctor in order to counter the clinical conclusions reached by Mr Carrim's doctor, but this has not yet happened.
“the Evidence Leaders have done is to say Mr Carrim must be subjected to an assessment by an independent doctor... at this stage the point you make has not been reached.”
The Commission insists Mr Carrim should be subjected to assessment by an independent doctor to counter the clinical conclusions of Mr Carrim's doctor.
“the Evidence Leaders have done is to say Mr Carrim must be subjected to an assessment by an independent doctor... that would counter all of the clinical conclusions reached by Mr Carrim's doctor”
The J88 medical report documenting Brigadier Petle's injuries was completed by an independent doctor, but some pages of the original docket 422 are missing.
“The J 88 is completed by whom? An independent doctor, Commissioner. I must also state that when I went to fetch the initial docket, the original docket, the 422, some of the J 88 pages is missing. So I am following up with the doctor to see if we can get a proper J 88.”