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vaibhav jain (none)     20 April 2022

Medical opinion

Can, a workman sought a second medical opinion in case of workman compensation act.? What will be the position in case.

1. Medical Records are Destroyed with in one year, because as per MCA Regulations 2002, Medical records are maintained upto 3 years. is that plea tenable.?

2. If the treatment is taken in one hospital & doctor examined, is of an another hospital.? please answer


 2 Replies

Divya Vijayan   20 April 2022

Under section 11 of the Workmen Compensation Act, a medical examination is mandatory in case of an accident in the work premises. A notice has to be given by an employee of an accident to the employer and the employer has to offer free medical examination by a qualified medical practitioner. The employee has to submit themselves for the said examination before the expiry if 3 days. While under this Act if any employee who is in receipt of half-monthly payment, if they want the can submit themselves for such examination from time to time as per the rules under the Act.

vaibhav jain (none)     20 April 2022

The Issue is Accident occured in 2010, claim is filed in 2019, the hospital where he has taken treatment, medical records were destroyed there, he has taken medical opinion of another doctor, he has afforded his medical examination himself. The question is treating doctor is not produced in witness box, but another doctor. is this second medical opinion relevent.? A judgement would be helpful in this regard. Thanks

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