Commissioner bound by medical panel's determination of medical questions
71 Commissioner bound by medical panel's determination of medical questions
If a medical panel has determined a medical question in relation to a person who has a compensable disease, the Commissioner is to treat the determination of the medical question as conclusive evidence of the medical question.
Without limiting the generality of subsection (1), if a medical panel has determined that – a person has an imminently fatal asbestos-related disease; or a person has a non-imminently fatal asbestos-related disease – the Commissioner, in determining under section 70 an application for compensation relating to the person, must include in that determination, in accordance with section 70(2), a corresponding determination.
Despite subsections (1) and (2), if a medical panel – makes a determination that a person has a non-imminently fatal asbestos-related disease; and then makes a subsequent determination that the person has an imminently fatal asbestos-related disease – subsections (1) and (2) only apply in relation to the subsequent determination.
Despite subsections (1) and (2), if a medical panel – makes a determination in relation to a medical question in respect of a person; and then makes a subsequent determination in relation to the medical question in respect of the person – subsections (1) and (2) only apply in relation to the subsequent determination.
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