71Commissioner bound by medical panel's determination of medical questions

71 Commissioner bound by medical panel's determination of medical questions

(1)  If a medical panel has determined a medical question in relation to a person who has a compensable disease, the Commissioner is to treat the determination of the medical question as conclusive evidence of the medical question.

(2)  Without limiting the generality of subsection (1) , if a medical panel has determined that –

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

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

the Commissioner, in determining under section 70 an application for compensation relating to the person, must include in that determination, in accordance with section 70(2) , a corresponding determination.

(3)  Despite subsections (1) and (2) , if a medical panel –

(a) makes a determination that a person has a non-imminently fatal asbestos-related disease; and

(b) then makes a subsequent determination that the person has an imminently fatal asbestos-related disease –

subsections (1) and (2) only apply in relation to the subsequent determination.

(4)  Despite subsections (1) and (2) , if a medical panel –

(a) makes a determination in relation to a medical question in respect of a person; and

(b) then makes a subsequent determination in relation to the medical question in respect of the person –

subsections (1) and (2) only apply in relation to the subsequent determination.