Disability Certificate From Non-Treating Doctor Valid Under Employees' Compensation Act
Under the Employees' Compensation Act, 1923, a disability certificate issued by a "qualified medical practitioner" is valid even if that practitioner did not treat the injured workman. Sections 4(1)(c)(ii) and Explanation II require assessment of loss of earning capacity by a qualified medical practitioner, as defined under Section 2(1)(i). The Act imposes no condition that the certifying doctor must have been the treating doctor. A qualified practitioner can assess disability on the basis of medical records, examination, and cross-examination.
