45Referral to accredited impairment assessor of assessment of degree of impairment

45 Referral to accredited impairment assessor of assessment of degree of impairment

(1)  The Commissioner may refer to an accredited impairment assessor a medical question as to the degree of impairment of a person –

(a) who has a compensable disease; and

(b) to whom an application for compensation relates.

(2)  An accredited impairment assessor to whom a medical question is referred under subsection (1) is to make a decision in relation to the question within 10 business days after the question is referred to him or her.

(3)  An accredited impairment assessor may decide under subsection (2) the medical question as to the degree of impairment of a person that has been referred to the assessor by the Commissioner under subsection (1) by providing to the Commissioner notice –

(a) of the assessor's determination in relation to the medical question; or

(b) that the assessor is unable to make a determination in respect of the medical question.

(4)  If the Commissioner receives a notice under subsection (3) that an accredited impairment assessor is unable to make a determination in respect of a medical question referred to the assessor by the Commissioner, the Commissioner is to refer the question to another accredited impairment assessor under subsection (1) .

(5)  If a medical panel refers back to the Commissioner under section 60(5)(b) a medical question in relation to the degree of impairment of a person, the Commissioner is to refer the question to another accredited impairment assessor under subsection (1) .