142Determination of medical question by Tribunal

142 Determination of medical question by Tribunal

(1)  [Section 142 Subsection (1) amended by No. 18 of 2021, s. 36, Applied:05 Nov 2021] If a medical question arises in any proceedings, to which this Act relates, that are before the Tribunal, the Tribunal may –

(a) determine the medical question on any medical evidence presented to the Tribunal; or

(b) notify the Commissioner that the Tribunal requires the Commissioner to refer the medical question to a medical panel.

(2)  The Tribunal may only notify the Commissioner in accordance with subsection (1)(b) in relation to a medical question if –

(a) there is a conflict of medical opinion presented to the Tribunal in relation to the medical question between –

(i) a medical practitioner appointed by a person, other than the Commissioner, who has referred a matter to the Tribunal; and

(ii) a medical practitioner, a medical panel or an accredited impairment assessor to whom the question has been referred by the Commissioner or a medical panel; and

(b) one or more of the parties wishes the proceedings in which the medical question arises to continue.

(3)  If the Tribunal notifies the Commissioner in accordance with subsection (1)(b) that the Tribunal requires the Commissioner to refer the medical question to a medical panel –

(a) the Commissioner must refer the medical question to a medical panel under section 47 ; and

(b) the Commissioner must notify the Tribunal as soon as it receives from the medical panel notice of a determination under section 60(3)(a) in relation to the medical question.

(4)  The Tribunal is to give the weight it thinks fit to the determination of a medical panel given under section 60(3)(a) in relation to a medical question referred to the medical panel by the Commissioner in accordance with subsection (1)(b) .