Determination by medical panel
60 Determination by medical panel
A medical panel must make a decision in relation to a medical question referred to the panel.
If 2 or more members of a medical panel agree as to a decision in respect of a medical question, the decision is taken to be the decision of the medical panel.
A medical panel may decide a medical question by – making a determination in relation to the medical question; or deciding that its members are unable to agree as to the determination of the medical question.
If a medical panel decides that its members are unable to agree as to the determination of the medical question, the medical panel is to refer the question back to the Commissioner.
A medical panel must notify the Commissioner in writing of the panel's decision – to make a determination in relation to a medical question; or that the medical panel is unable to agree as to the determination of the medical question and is referring the matter back to the Commissioner.
A notice under subsection (5) that the medical panel has made a determination in relation to a medical question is to specify the evidence and any reasoning used in determining the question.
A notice under subsection (5) that the medical panel is unable to agree as to the determination of a medical question is to include the reasons why the panel is unable to so agree.
A notice of a medical panel's decision is to be given to the Commissioner within 3 business days after the decision is made.
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