sec.25Examination of claimant by medical expert in absence of agreement between the parties

### sec.25 Examination of claimant by medical expert in absence of agreement between the parties This section applies if a respondent wants to obtain an expert report about all or any of the following, but fails to obtain the claimant’s agreement— the cause or probable cause of the incident alleged to have given rise to the personal injury to which the claim relates and whether, in the expert’s opinion, 1 or more persons (who may be named), are responsible for, or contributed to, the incident; the cause or probable cause of the personal injury to which the claim relates and whether, in the expert’s opinion, 1 or more persons (who may be named) are responsible for, or contributed to, the injury; the claimant’s medical condition or prospects of rehabilitation; the claimant’s cognitive, functional or vocational capacity. The claimant must comply with a request by the respondent to undergo, at the respondent’s expense either or both of the following— a medical examination by a doctor to be selected by the claimant from a panel of at least 3 doctors with appropriate qualifications and experience in the relevant field nominated by the respondent in the request; an assessment of cognitive, functional or vocational capacity by an expert to be selected by the claimant from a panel of at least 3 experts with appropriate qualifications and experience in the relevant field nominated by the respondent in the request. However, a claimant is not obliged to undergo an examination or assessment under this section if it is unreasonable or unnecessarily repetitious. If 3 doctors or experts with appropriate qualifications and experience in the relevant field are not available for inclusion on a panel under subsection (2) , the number on the panel may be reduced to 2. (sec.25-ssec.1) This section applies if a respondent wants to obtain an expert report about all or any of the following, but fails to obtain the claimant’s agreement— the cause or probable cause of the incident alleged to have given rise to the personal injury to which the claim relates and whether, in the expert’s opinion, 1 or more persons (who may be named), are responsible for, or contributed to, the incident; the cause or probable cause of the personal injury to which the claim relates and whether, in the expert’s opinion, 1 or more persons (who may be named) are responsible for, or contributed to, the injury; the claimant’s medical condition or prospects of rehabilitation; the claimant’s cognitive, functional or vocational capacity. (sec.25-ssec.2) The claimant must comply with a request by the respondent to undergo, at the respondent’s expense either or both of the following— a medical examination by a doctor to be selected by the claimant from a panel of at least 3 doctors with appropriate qualifications and experience in the relevant field nominated by the respondent in the request; an assessment of cognitive, functional or vocational capacity by an expert to be selected by the claimant from a panel of at least 3 experts with appropriate qualifications and experience in the relevant field nominated by the respondent in the request. (sec.25-ssec.3) However, a claimant is not obliged to undergo an examination or assessment under this section if it is unreasonable or unnecessarily repetitious. (sec.25-ssec.4) If 3 doctors or experts with appropriate qualifications and experience in the relevant field are not available for inclusion on a panel under subsection (2) , the number on the panel may be reduced to 2. - (a) the cause or probable cause of the incident alleged to have given rise to the personal injury to which the claim relates and whether, in the expert’s opinion, 1 or more persons (who may be named), are responsible for, or contributed to, the incident; - (b) the cause or probable cause of the personal injury to which the claim relates and whether, in the expert’s opinion, 1 or more persons (who may be named) are responsible for, or contributed to, the injury; - (c) the claimant’s medical condition or prospects of rehabilitation; - (d) the claimant’s cognitive, functional or vocational capacity. - (a) a medical examination by a doctor to be selected by the claimant from a panel of at least 3 doctors with appropriate qualifications and experience in the relevant field nominated by the respondent in the request; - (b) an assessment of cognitive, functional or vocational capacity by an expert to be selected by the claimant from a panel of at least 3 experts with appropriate qualifications and experience in the relevant field nominated by the respondent in the request.