38Eligibility assessment panel—review of decision

38 Eligibility assessment panel—review of decision (1) The following people may apply to the LTCS commissioner for review of a decision by an eligibility assessment panel under section 37: (a) the injured person to whom the decision relates, or someone on the injured person’s behalf; (b) the insurer for the injured person’s claim; (c) the LTCS commissioner. (2) An application for review of a decision under section 37 must be made within 6 months after the date the decision was made. (3) A decision under section 37 may be reviewed on the following grounds only: (a) a change in the injured person’s condition that happened or first became apparent after the dispute was referred for decision by the eligibility assessment panel and that is capable of having a material effect on the decision; (b) additional relevant information about the injured person’s injury that was unavailable, or could not reasonably have been obtained, before the dispute was referred for decision by the eligibility assessment panel and that is capable of having a material effect on the decision; (c) the decision was not made in accordance with the LTCS guidelines; (d) the decision is demonstrably incorrect in a material respect.