Services
Independent physiotherapy, occupational health and safety assessment for lawyers, insurers, employers and government organisations across Victoria and Australia.
AHPRA-registered physiotherapist
WorkSafe Victoria IME Panel
Independent expert witness
27 years’ experience
Medico-legal
Opinions are independent and non-treating. The scope of each matter is set by the letter of instruction and the material provided.
Clear, independent and court-ready physiotherapy opinions addressing injury causation, functional impact, rehabilitation and prognosis.
Objective medico-legal assessments addressing diagnosis, treatment, work capacity, functional limitations and future rehabilitation needs.
Expert witness & assessments
Evidence-based assessment of manual-handling incidents, workplace injury causation and the adequacy of systems of work.
Assessment of workplace ergonomics, physical demands, foreseeable risks, control measures and compliance with safe systems of work.
Evaluation of functional limitations, physical capacity, return-to-work suitability and the relationship between impairment and occupational demands.
Assessment of pedestrian safety, environmental conditions, surface characteristics, lighting, human factors and injury mechanisms.
For employers
Practical assessment and consulting services for employers, HR teams and organisations.
Independent assessment of physical capacity, work demands, restrictions and suitability for work.
Assessment of workstations, physical demands, manual handling risks and workplace setup.
Evaluation of functional ability against the physical requirements of a worker’s role.
Practical workplace training focused on injury prevention, safe work practices and ergonomics.
Process
Contact the practice with the matter type, jurisdiction, deadline and party names so conflicts can be checked.
Send the letter of instruction, relevant clinical records, imaging reports and the questions in issue.
Examination or file review, conducted independently and in a non-treating capacity.
A clear, reasoned report addressing the questions asked, prepared in line with expert witness obligations.
Expert services
Opinions on task design, physical demands, posture and workstation or equipment factors relevant to the issues in dispute.
Review of manual handling tasks, loads, work methods and training against reasonably practicable controls.
Structured analysis of foreseeable risks and the adequacy of controls, using the hierarchy of control.
Review of procedures, supervision, training and equipment to assess whether the system of work was suitable for the task.
Assessment of how workplace demands may have caused or contributed to an injury, from an ergonomic and rehabilitation view.
Workplace assessment of job demands against a worker’s capacity, including suitable duties and return to work.
Independent comment on another expert’s method, assumptions and conclusions within my area of expertise.
Participation in expert conferences and joint reports, and attendance to give oral evidence where required.
Process
Email or call with the parties, the issues and the reporting deadline. Names are checked for conflicts before anything else.
Provide the letter of instruction, questions to be addressed and relevant records, incident material or workplace documents.
Scope, assessment arrangements and fees are confirmed, including whether a file review, workplace inspection or clinic assessment is needed.
Report delivered in about 2 weeks from assessment or complete brief, written for the court or decision-maker.
FAQ
A report sets out the questions asked, the material relied on, my method and reasoning, and my opinions. Depending on the matter, it can address ergonomic and manual handling risk, the adequacy of controls and systems of work, injury causation and work capacity. It is prepared in line with expert witness obligations.
Send a letter of instruction by email to eltoncsmith@gmail.com with party names for a conflict check, the questions to be addressed, relevant documents, your deadline and jurisdiction. You can also request a CV and availability first.
Typically about 2 weeks from the assessment or from receipt of a complete brief. If you have an earlier deadline, tell me at the outset so availability can be confirmed.
Many expert witness matters are file and document reviews, which I can do Australia-wide with no clinic visit. Workplace inspections can be arranged where needed. Clinic-based IMEs are held in Melbourne, Victoria, with regional or travel by arrangement. WorkSafe IME referrals are welcome directly or through your preferred medico-legal agency.
Yes. Instructions are accepted from plaintiff and defendant solicitors, insurers, employers and agencies. My duty is to be independent and to assist the court or decision-maker, whoever instructs me.
Yes, where required. I can take part in expert conferences, prepare joint reports with other experts and attend to give oral evidence, subject to availability and the directions in the matter.
Request a CV and availability, or send a brief. Early contact helps with diary planning and conflict checks.