Please see below a response from Brian Simpson to the CSP regarding the MedCo/MoJ decision misconception.
I have had people contact me regarding a misunderstanding of the new RTA claims process which have just come into being. You will see from the article below from the Law Society Gazette that there is the feeling that Physios are to be excluded from ALL non-whiplash injury claims. Could you please ensure that all Physios are made aware that this is a misconception and they are only to be “excluded” from Non soft-tissue claims e.g. fractures, dental and mental claims. Soft-tissue injuries affecting ALL parts of the body are still open for Physios to write reports. The decision was made by MoJ with no MedCo input. I have spoken to the Moj and have agreed that opinions by Physios on the non soft-tissue conditions would be out of scope . It is estimated that very few such injuries would be considered by MedCo experts as the claim limit is so low.
If you could inform the MLACP committee I would be grateful.
Brian Simpson MCSP, DSA(CSP)
Last month the Ministry of Justice confirmed the start date and likely tariffs for whiplash damages, depending on how long the injury persists. The levels are much lower than for current claims, prompting many firms to consider whether RTA claims will be viable in the future.
Meanwhile, MedCo, the organisation responsible for handling all whiplash diagnosis, said that any direct medical experts or medical reporting organisations wanting to work through the new portal will have to opt in to handle unrepresented claimants. The process for applications will begin on 17 March.
All expert types are able to consider opting-in to provide services for whiplash injury claims to unrepresented claimants. However, under the MoJ rules, only GP and A&E experts will be able to provide a service to unrepresented claimants for non-whiplash injury claims or mixed injury claims involving both whiplash and non-whiplash injuries.