sec.118Exchange of relevant documents before medical tribunal

sec.118 Exchange of relevant documents before medical tribunal

After the agency refers the medical matter to the medical tribunal, relevant documents can only be exchanged between the tribunal, the agency and the injured person to whom the reference relates. The tribunal must give the injured person a copy of a relevant document given by the agency to the tribunal— if the document is given under section 113 (2) (b) —within 10 business days after the medical matter is referred to the tribunal; or otherwise—within 5 business days after the tribunal receives the document. At least 10 business days before the injured person is scheduled to attend before the tribunal, the injured person must give the tribunal and the agency a copy of any relevant document the injured person wants considered by the tribunal. At least 3 business days before the injured person is scheduled to attend before the tribunal, the agency may give the tribunal and the injured person a written submission on the factual matters referred to in the relevant documents given by the injured person under subsection (3) . The tribunal may proceed to decide the matter even though the agency has not given a written submission to the tribunal and the injured person. The tribunal can not consider or rely on any relevant document given by the agency or the injured person that has not been exchanged under this subdivision. However, subsection (6) does not prevent the tribunal from relying on either of the following— a report (a doctor’s report ) resulting from an examination of the injured person by a doctor nominated by the tribunal under section 115 (1) (b) ; a medical image given to the tribunal by the injured person. CT, MRI, ultrasound scan, X-ray (sec.118-ssec.1) After the agency refers the medical matter to the medical tribunal, relevant documents can only be exchanged between the tribunal, the agency and the injured person to whom the reference relates. (sec.118-ssec.2) The tribunal must give the injured person a copy of a relevant document given by the agency to the tribunal— if the document is given under section 113 (2) (b) —within 10 business days after the medical matter is referred to the tribunal; or otherwise—within 5 business days after the tribunal receives the document. (sec.118-ssec.3) At least 10 business days before the injured person is scheduled to attend before the tribunal, the injured person must give the tribunal and the agency a copy of any relevant document the injured person wants considered by the tribunal. (sec.118-ssec.4) At least 3 business days before the injured person is scheduled to attend before the tribunal, the agency may give the tribunal and the injured person a written submission on the factual matters referred to in the relevant documents given by the injured person under subsection (3) . (sec.118-ssec.5) The tribunal may proceed to decide the matter even though the agency has not given a written submission to the tribunal and the injured person. (sec.118-ssec.6) The tribunal can not consider or rely on any relevant document given by the agency or the injured person that has not been exchanged under this subdivision. (sec.118-ssec.7) However, subsection (6) does not prevent the tribunal from relying on either of the following— a report (a doctor’s report ) resulting from an examination of the injured person by a doctor nominated by the tribunal under section 115 (1) (b) ; a medical image given to the tribunal by the injured person. CT, MRI, ultrasound scan, X-ray