47Medical questions to be referred to medical panel

47 Medical questions to be referred to medical panel

(1)  The Commissioner must refer to a medical panel all the medical questions, specified in section 8 , in relation to a person, to whom an application for compensation relates, who has a compensable disease, if –

(a) the application has not been determined by the Commissioner under section 70 ; and

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

(2)  Subsection (1) does not apply in relation to a medical question as to the degree of impairment or incapacity of a person to whom an application for compensation relates if a medical certificate from a medical specialist certifying that the person has an imminently fatal asbestos-related disease accompanies the application.

(3)  The Commissioner may, at any time after an application for compensation in relation to a person who has a compensable disease has been determined by the Commissioner under section 70 , refer to a medical panel a medical question, including but not limited to a medical question that has arisen in relation to –

(a) whether the medical panel should make a determination that the person has an imminently fatal compensable disease or a non-imminently fatal compensable disease; or

(b) the degree of impairment or incapacity of the person; or

(c) an application under section 74 , 76 or 79 ; or

(d) whether expenses are payable under this Act in relation to the person.

(4)  The Commissioner must refer to a medical panel a medical question in relation to a person if the medical question is referred back to the Commissioner by a medical panel under section 60(4) .

(5)  This section does not apply in relation to an application for compensation in relation to a person if the Commissioner is of the opinion that there are or may be reasons, other than because of a medical question, for determining under that the person is not entitled to compensation under this Act.