❓ A WA parliamentary question explores potential restraint of trade against chiropractors within the workers' compensation system, referencing a US court case and the role of medical gatekeepers. The Minister acknowledges awareness of the US case through a departmental briefing and clarifies the process for accessing chiropractic treatment under WA's legislation.
AnsweredQoN 1361Legislative Council
QuestionView source ↗
(1) Have any associations representing the chiropractic profession expressed concern to this Minister, or preceding Ministers, regarding restraint of trade with relation to workers compensation?
(2) Is the Minister aware of a landmark US District Court decision (
Wilk v AMA
), which was upheld on appeal, where the AMA was found guilty of violating the
Sherman Act
, which made illegal every combination or conspiracy to restrain trade?
(3) Is the Minister aware that during the
Wilk v AMA
trial a conspiracy to first contain and eventually eliminate the chiropractic profession was exposed?
(4) Is the Minister aware that the conspiracy was based upon a set of recommendations known as the Iowa Plan?
(5) Is the Minister aware that one element of the Iowa Plan is to restrict workers compensation beneficiaries access to chiropractors?
(6) Does the current Workcover legislation in WA impose a medical gatekeeper between an injured worker and a chiropractor?
(7) If yes, have any members of the chiropractic profession protested to this Minister, or preceding Ministers, that the imposition of a medical gatekeeper between an injured worker and a chiropractor serves to obstruct or deny trade?
(2) Is the Minister aware of a landmark US District Court decision (
Wilk v AMA
), which was upheld on appeal, where the AMA was found guilty of violating the
Sherman Act
, which made illegal every combination or conspiracy to restrain trade?
(3) Is the Minister aware that during the
Wilk v AMA
trial a conspiracy to first contain and eventually eliminate the chiropractic profession was exposed?
(4) Is the Minister aware that the conspiracy was based upon a set of recommendations known as the Iowa Plan?
(5) Is the Minister aware that one element of the Iowa Plan is to restrict workers compensation beneficiaries access to chiropractors?
(6) Does the current Workcover legislation in WA impose a medical gatekeeper between an injured worker and a chiropractor?
(7) If yes, have any members of the chiropractic profession protested to this Minister, or preceding Ministers, that the imposition of a medical gatekeeper between an injured worker and a chiropractor serves to obstruct or deny trade?
AnswerView source ↗
Answered
11 November 2003
Responded by
Minister for Housing and Works representing the Minister for Consumer and Employment Protection
Response time
19 days
(2) to (5) While not personally aware of this case, I have received a brief outline on its findings from my department. (6) The Workers’ Compensation & Rehabilitation Act allows for a worker to have the reasonable cost of chiropractic treatment reimbursed. While an injured worker does not require a referral from a medical practitioner to obtain this benefit, the worker does require a certificate from a medical practitioner to make a claim against his employer. (7) See answer to question (6).
(6) The Workers’ Compensation & Rehabilitation Act allows for a worker to have the reasonable cost of chiropractic treatment reimbursed. While an injured worker does not require a referral from a medical practitioner to obtain this benefit, the worker does require a certificate from a medical practitioner to make a claim against his employer. (7) See answer to question (6).
(7) See answer to question (6).
(6) The Workers’ Compensation & Rehabilitation Act allows for a worker to have the reasonable cost of chiropractic treatment reimbursed. While an injured worker does not require a referral from a medical practitioner to obtain this benefit, the worker does require a certificate from a medical practitioner to make a claim against his employer. (7) See answer to question (6).
(7) See answer to question (6).
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