34Applications in relation to imminently fatal disease not required in certain circumstances

34 Applications in relation to imminently fatal disease not required in certain circumstances

(1)  Subsection (2) applies to a person if –

(a) the Commissioner has determined under section 70 an application for compensation made by the person and has made under that section a determination that the person has a non-imminently fatal asbestos-related disease; and

(b) the Commissioner has subsequently received from a medical panel a determination under this Act that the person has an imminently fatal asbestos-related disease; and

(c) the person is alive at the timethe Commissioner receives the determination referred to in paragraph (b) .

(2)  If this subsection applies to a person, the Commissioner, as soon as practicable after receiving from a medical panel the determination referred to in subsection (1)(b) , must make a determination under section 70 as if –

(a) the person had made a further application for compensation under section 33(1) consisting of the application for compensation to which the determination by the Commissioner referred to in subsection (1)(a) relates; and

(b) the Commissioner had referred the medical questions in respect of the person to a medical panel in accordance with section 47 ; and

(c) the determination referred to in subsection (1)(b) formed part of a determination made by the medical panel of the medical questions in relation to the person that were referred by the Commissioner to the medical panel in accordance with section 47 .

(3)  A person who has a compensable disease and to whom a determination under section 70 that the person has a non-imminently fatal asbestos-related disease relates may provide to the Commissioner a medical certificate, given by a medical specialist, certifying that the person has an imminently fatal asbestos-related disease.

(4)  Subsection (5) applies to a person if –