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  Workers' Kit Appendix 5 Page 1 | Page 2 | Page 3 Print this page
Appendix 1 | Appendix 2 | Appendix 3 | Appendix 4 | Appendix 5 | Appendix 6 | Appendix 7 | Appendix 8

APPENDIX 5

Note to Doctor
Request for an Opinion on the NEL Medical Assessment



< Date >

< Doctor's Name >
< Doctor's Address >

Dear Dr. < Surname >,

Re: Request for an Opinion on the NEL Medical Assessment
< Your Name >
WSIB Claim No.: < Your Claim Number >

I have concerns about the Workplace Safety and Insurance Board's (WSIB) assessment of permanent impairment resulting from my workplace injury. WSIB provides a Non-Economic Loss (NEL) award for permanent impairment based on an independent medical assessment. I have enclosed a copy of the assessment report with this letter.

You are being asked to examine the medical condition(s) noted on page one of the assessment and to compare your results with those in the report. If you find the assessment does not contain any significant errors or, if in your opinion, I have not suffered a significant deterioration since that assessment, please inform me that the assessment is accurate. No report is required or necessary.

If you agree that there are major problems with the assessment or if you feel that I have had a significant deterioration, please prepare a report for WSIB. Your report should include the following:

  • Give my name and claim number, the date of your examination, and a statement noting you have read the NEL medical assessment.

  • Your report need only concentrate on those points where your findings differ significantly from those in the NEL assessment. In particular:

      • Did the assessor miss some important part of the impairment?
      • Did the assessor underestimate some portion of the impairment?
      • Did the assessor incorrectly estimate the likely future consequences of the impairment (is the assessor guessing)?
      • Was some part of the assessment conducted in a manner contrary to the techniques provided in the AMA Guides?

  • Particularly important in your report are the differences in measurable objective physical or psychological findings, diagnosis, and prognosis (with emphasis on how my condition has become significantly worse compared to the NEL medical examination if this is for a re-assessment).

  • You need not comment on the percentage of the NEL award unless you have some expertise in conducting assessments under the AMA Guides. In that case, please state the nature of your expertise.

I will send the report to the appropriate person at WSIB.

If you intend to charge a fee for our report to WSIB, please discuss this with me prior to preparing the report. You may bill WSIB. WSIB has a fee schedule and may reimburse you. WSIB pays for helpful medical reports that assist in the decision-making process.

I thank you in advance for your assistance and attention to this and look forward to receiving your report.

Yours truly,

< Sign Your Name Here >

< Type/Print Your Name >
< 123 Your Street >
< Your City, Ontario >
< X0X 0X0 >

Enclosure

IMPORTANT INFORMATION
There are time limits for appealing WSIB decisions. If you wish to appeal a decision, contact a qualified representative as soon as possible. For more information on time limits, see OWA Fact Sheets 24 and 25 called Appealing to WSIB and Appealing to WSIAT.

This Workers' Kit contains general information only. It is not a legal document. To see what the law says, you should look at the Workplace Safety and Insurance Act and WSIB policies. If you require help and do not have a union to assist you, contact the Office of the Worker Adviser:

  • Our toll free telephone number is 1-800-435-8980 (English) or 1-800-661-6365 (French)
  • or visit our website at http://www.owa.gov.on.ca
Cette Trousse du travailleur est aussi disponible en français

OWA Workers' Kit 3 - June 2007

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