62Determination by medical panel of whether person has imminently or non-imminently fatal disease

62 Determination by medical panel of whether person has imminently or non-imminently fatal disease

(1)  A medical panel to which the medical questions in relation to an application for compensation by a person are referred by the Commissioner under section 47(1) is, if it is satisfied that the person has a compensable disease, to make a determination under section 60 as to whether –

(a) the person has an imminently fatal asbestos-related disease; or

(b) the person has a non-imminently fatal asbestos-related disease.

(2)  A medical panel to which a medical question in relation to a person is, after an application for compensation by the person is determined by the Commissioner under section 70 , referred by the Commissioner under this Act, may make a determination under section 60 as to whether –

(a) the person has an imminently fatal asbestos-related disease; or

(b) the person has a non-imminently fatal asbestos-related disease.

(3)  For the purposes of subsections (1) and (2) , the medical panel is to determine –

(a) that the person has an imminently fatal asbestos-related disease if it is satisfied that –

(i) the person has an asbestos-related disease; and

(ii) the person is reasonably likely to die within 2 years from the date on which the medical panel makes its determination; and

(iii) an asbestos-related disease is reasonably likely to be a significant factor contributing to the person's death; or

(b) that the person has a non-imminently fatal asbestos-related disease if it is satisfied that –

(i) the person has an asbestos-related disease; and

(ii) the person is not reasonably likely to die within 2 years from the date on which the certificate is given, or, if the person is reasonably likely to die within 2 years from the date on which the medical panel makes its determination, that an asbestos-related disease is not reasonably likely to be a significant factor contributing to the person's death.