A WA parliamentary question raises concerns about a doctor's suitability for medical assessment panels due to a suspension by the Medical Board and potential conflict of interest from representing insurance companies. The Minister acknowledges the situation, notes the legal challenge, and states a review is underway.

AnsweredQoN 1663Legislative Council
Asked
10 December 2003
Portfolio
Consumer and Employment Protection

QuestionView source ↗

(1) Can the minister confirm that the Dr Mustac who has been suspended by the Medical Board of Western Australia is the same Dr Mustac who has appeared on the medical assessment panel that deliberates on workers compensation cases under section 145B of the Workers Compensation and Rehabilitation Act? (2) Is the minister aware that Dr Mustac told the Medical Board of Western Australia that he derives most of his income from representing insurance companies against injured workers with personal injury claims? (3) As the Medical Board has said that Dr Mustac’s medical-legal reports were found to be misleading, does the minister believe that Dr Mustac should be on the medical assessment panel? (4) Is the minister concerned that doctors who derive most of their income from representing insurance companies against injured workers appear regularly on the medical assessment panel? Hon KIM CHANCE

AnswerView source ↗

I thank the member for some notice of this question. (1) Yes. Dr Mustac was nominated by the Australian Medical Association (WA) on 18 February 1994 for appointment to the register of medical practitioners available for medical assessment panels. He has been a member of three panels, all in November-December 1999. (2) No. (3) The Medical Board suspended Dr Mustac based on its findings on two of his reports. The Medical Board’s decision has been stayed as a result of a legal challenge. The issue of Dr Mustac’s appointment to the register of medical practitioners is currently under review and will be determined on conclusion of the legal action. (4) In 2002-03, 63 medical practitioners appeared on 98 medical panels. The minister has no evidence that indicates that any of these doctors derived most of their income from the insurance industry.
(2) Is the minister aware that Dr Mustac told the Medical Board of Western Australia that he derives most of his income from representing insurance companies against injured workers with personal injury claims? (3) As the Medical Board has said that Dr Mustac’s medical-legal reports were found to be misleading, does the minister believe that Dr Mustac should be on the medical assessment panel? (4) Is the minister concerned that doctors who derive most of their income from representing insurance companies against injured workers appear regularly on the medical assessment panel? Hon KIM CHANCE replied : I thank the member for some notice of this question. (1) Yes. Dr Mustac was nominated by the Australian Medical Association (WA) on 18 February 1994 for appointment to the register of medical practitioners available for medical assessment panels. He has been a member of three panels, all in November-December 1999. (2) No. (3) The Medical Board suspended Dr Mustac based on its findings on two of his reports. The Medical Board’s decision has been stayed as a result of a legal challenge. The issue of Dr Mustac’s appointment to the register of medical practitioners is currently under review and will be determined on conclusion of the legal action. (4) In 2002-03, 63 medical practitioners appeared on 98 medical panels. The minister has no evidence that indicates that any of these doctors derived most of their income from the insurance industry.
(3) As the Medical Board has said that Dr Mustac’s medical-legal reports were found to be misleading, does the minister believe that Dr Mustac should be on the medical assessment panel? (4) Is the minister concerned that doctors who derive most of their income from representing insurance companies against injured workers appear regularly on the medical assessment panel? Hon KIM CHANCE replied : I thank the member for some notice of this question. (1) Yes. Dr Mustac was nominated by the Australian Medical Association (WA) on 18 February 1994 for appointment to the register of medical practitioners available for medical assessment panels. He has been a member of three panels, all in November-December 1999. (2) No. (3) The Medical Board suspended Dr Mustac based on its findings on two of his reports. The Medical Board’s decision has been stayed as a result of a legal challenge. The issue of Dr Mustac’s appointment to the register of medical practitioners is currently under review and will be determined on conclusion of the legal action. (4) In 2002-03, 63 medical practitioners appeared on 98 medical panels. The minister has no evidence that indicates that any of these doctors derived most of their income from the insurance industry.
(4) Is the minister concerned that doctors who derive most of their income from representing insurance companies against injured workers appear regularly on the medical assessment panel? Hon KIM CHANCE replied : I thank the member for some notice of this question. (1) Yes. Dr Mustac was nominated by the Australian Medical Association (WA) on 18 February 1994 for appointment to the register of medical practitioners available for medical assessment panels. He has been a member of three panels, all in November-December 1999. (2) No. (3) The Medical Board suspended Dr Mustac based on its findings on two of his reports. The Medical Board’s decision has been stayed as a result of a legal challenge. The issue of Dr Mustac’s appointment to the register of medical practitioners is currently under review and will be determined on conclusion of the legal action. (4) In 2002-03, 63 medical practitioners appeared on 98 medical panels. The minister has no evidence that indicates that any of these doctors derived most of their income from the insurance industry.
Hon KIM CHANCE replied : I thank the member for some notice of this question. (1) Yes. Dr Mustac was nominated by the Australian Medical Association (WA) on 18 February 1994 for appointment to the register of medical practitioners available for medical assessment panels. He has been a member of three panels, all in November-December 1999. (2) No. (3) The Medical Board suspended Dr Mustac based on its findings on two of his reports. The Medical Board’s decision has been stayed as a result of a legal challenge. The issue of Dr Mustac’s appointment to the register of medical practitioners is currently under review and will be determined on conclusion of the legal action. (4) In 2002-03, 63 medical practitioners appeared on 98 medical panels. The minister has no evidence that indicates that any of these doctors derived most of their income from the insurance industry.
I thank the member for some notice of this question. (1) Yes. Dr Mustac was nominated by the Australian Medical Association (WA) on 18 February 1994 for appointment to the register of medical practitioners available for medical assessment panels. He has been a member of three panels, all in November-December 1999. (2) No. (3) The Medical Board suspended Dr Mustac based on its findings on two of his reports. The Medical Board’s decision has been stayed as a result of a legal challenge. The issue of Dr Mustac’s appointment to the register of medical practitioners is currently under review and will be determined on conclusion of the legal action. (4) In 2002-03, 63 medical practitioners appeared on 98 medical panels. The minister has no evidence that indicates that any of these doctors derived most of their income from the insurance industry.
(1) Yes. Dr Mustac was nominated by the Australian Medical Association (WA) on 18 February 1994 for appointment to the register of medical practitioners available for medical assessment panels. He has been a member of three panels, all in November-December 1999. (2) No. (3) The Medical Board suspended Dr Mustac based on its findings on two of his reports. The Medical Board’s decision has been stayed as a result of a legal challenge. The issue of Dr Mustac’s appointment to the register of medical practitioners is currently under review and will be determined on conclusion of the legal action. (4) In 2002-03, 63 medical practitioners appeared on 98 medical panels. The minister has no evidence that indicates that any of these doctors derived most of their income from the insurance industry.
(2) No. (3) The Medical Board suspended Dr Mustac based on its findings on two of his reports. The Medical Board’s decision has been stayed as a result of a legal challenge. The issue of Dr Mustac’s appointment to the register of medical practitioners is currently under review and will be determined on conclusion of the legal action. (4) In 2002-03, 63 medical practitioners appeared on 98 medical panels. The minister has no evidence that indicates that any of these doctors derived most of their income from the insurance industry.
(3) The Medical Board suspended Dr Mustac based on its findings on two of his reports. The Medical Board’s decision has been stayed as a result of a legal challenge. The issue of Dr Mustac’s appointment to the register of medical practitioners is currently under review and will be determined on conclusion of the legal action. (4) In 2002-03, 63 medical practitioners appeared on 98 medical panels. The minister has no evidence that indicates that any of these doctors derived most of their income from the insurance industry.
(4) In 2002-03, 63 medical practitioners appeared on 98 medical panels. The minister has no evidence that indicates that any of these doctors derived most of their income from the insurance industry.

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