Due to an ongoing health issue, the applicant sought to work from home as a solution to manage the symptoms of their condition. The agency sought a fitness-for-duty report from a specialist which did not support the applicant’s request. The applicant sought a review of the decision to accept the recommendations from the specialist for several reasons.
Our review found the specialist’s findings and recommendations differed significantly from those of the applicant’s treating practitioner and had included statements that were outside their area of specialisation. Our own research found records of previous concerns about the reliability of the specialist, including being the subject of adverse judicial comment in previous court decisions.
During the medical assessment, the applicant had complained to the agency that the specialist conducted the online assessment in their underwear. The specialist was advised of the complaint before they had completed their report on the applicant’s fitness to return to work. Once all of the information was provided to the agency, they agreed to start a new medical assessment with a different specialist.
