Motor Accident Injuries Act 2017

A claimant or an insurer may apply to the President to refer a medical assessment under this Division by a single medical assessor to a review panel for review.

An application for the referral of a medical assessment to a review panel may be made only on the grounds that the assessment was incorrect in a material respect.

A medical assessment may not be referred for review under this section on more than one occasion.

If a medical assessment under this Division is based on the assessments of 2 or more single medical assessors (resulting in a combined certificate as to the total degree of permanent impairment) (a combined certificate assessment), the combined certificate assessment cannot be the subject of review under this section except by way of the review of any of the assessments of the single medical assessors on which the combined certificate assessment is based.

The President is to arrange for the medical assessment to be referred to a review panel, but only if the President is satisfied that there is reasonable cause to suspect that the medical assessment was incorrect in a material respect having regard to the particulars set out in the application.

The panel is to be constituted by 3 persons chosen by the President as follows—

2 medical assessors,

1 member of the Commission who is a member assigned to the Motor Accidents Division of the Commission.

The review of a medical assessment is not limited to a review of only that aspect of the assessment that is alleged to be incorrect and is to be by way of a new assessment of all the matters with which the medical assessment is concerned.

To avoid doubt, any medical re-examination of the claimant for the purposes of the review need not be conducted by all of the members of the panel if the members agree for it to be conducted by only some of the members.

The review panel may confirm the certificate of assessment of the single medical assessor, or revoke that certificate and issue a new certificate as to the matters concerned.

If on the review of a medical assessment of a single medical assessor on which a combined certificate assessment is based a new certificate is issued by the review panel, the review panel is also to issue a new combined certificate to take account of the results of the review.

Section 7.23 (Status of medical assessments) applies to any new certificate or new combined certificate issued under this section.

An application under this section must be made within—

28 days after the parties to the medical dispute were issued with the original certificate for the medical assessment for which the review is sought, or

a longer period determined or allowed, whether generally or for the kind of proceedings, in accordance with the Commission rules.