15Review of Assessment Panel’s determination

15 Review of Assessment Panel’s determination

15 Review of Assessment Panel’s determination

(1) The determination of an Assessment Panel can be referred for review by a Review Panel, but only on one or more of the following grounds—

(a) a change in the condition of the injured person, being a change that occurred or that first became apparent after the dispute was referred for determination by the Assessment Panel and that is capable of having a material effect on the determination,

(b) the availability of additional relevant information about the injury, being information that was not available, or could not reasonably have been obtained, before the dispute was referred for determination by the Assessment Panel and that is capable of having a material effect on the determination,

(c) the determination was not made in accordance with the LTCS Guidelines,

(d) the determination is demonstrably incorrect in a material respect.

(2) A determination can be referred for review—

(a) by or on behalf of the injured person, or

(b) by the insurer of the injured person’s claim, or

(c) by the Authority.

(3) The Authority is to convene a panel of 3 assessors to constitute the Review Panel to review the determination of the Assessment Panel.

(4) The Review Panel can confirm the determination of the Assessment Panel or it can revoke that determination, substituting its own determination and giving a certificate as to its determination.