44Commissioner to refer assessment of degree of impairment to accredited impairment assessor

44 Commissioner to refer assessment of degree of impairment to accredited impairment assessor

(1)  Subject to subsection (6) , this section applies to a person who has made an application for compensation if –

(a) the person is a person who has a compensable disease; and

(b) the Commissioner has not determined the application under section 70 ; and

(c) the application is not accompanied by a medical certificate from a medical specialist certifying that the person has an imminently fatal asbestos-related disease; and

(d) the Commissioner has not rejected, or does not intend to reject, the application under section 41(5)(b) or section 42 .

(2)  If this section applies to a person who has made an application for compensation, the Commissioner must, before referring the application to a medical panel under section 47 , refer under section 45 the medical question as to the degree of impairment of the person to an accredited impairment assessor for determination.

(3)  The Commissioner is to refer the medical question in accordance with subsection (2) within 5 business days after the application for compensation is made by the person to whom the medical question relates.

(4)  If theCommissioner, under section 41(5)(a) , has refused to consider an application for compensation by a person to whom this section applies until further information is provided to the Commissioner –

(a) subsection (3) does not apply to the medical question as to the degree of impairment of the person; and

(b) the Commissioner is to refer the medical question in accordance with subsection (2) within 5 business days after the further information is received.

(5)  If this section applies to a person who has made an application for compensation, the Commissioner may only refer the application to a medical panel under section 47 if the Commissioner, under , also provides to the medical panel a determination under of an accredited impairment assessor to whom the medical question as to the degree of impairment of the person has been referred, to the effect that the person has a degree of impairment of 10% or more.