103Application for medical assessment of permanent impairment dispute

103 Application for medical assessment of permanent impairment dispute

103 Application for medical assessment of permanent impairment dispute

(1) A claimant or insurer may lodge an application for assessment of a permanent impairment dispute as specified in section 58(1)(d) of the MAC Act—

(a) at any time, or

(b) if there is a dispute about whether or not the claimant is entitled to claim damages for non-economic loss in accordance with section 132(1) of the MAC Act—as soon as practicable after the dispute arises.

(2) An application may be lodged only if the parties have attempted to resolve the dispute, including a dispute about whether or not the claimant is entitled to claim damages for non-economic loss.

(3) An application may be lodged only if the parties have provided evidence that—

(a) the claimant has given notice to the insurer that the claimant believes the claimant is entitled to damages for non-economic loss, by—

(i) making a request or offer of settlement to the insurer that seeks an entitlement to damages for non-economic loss, or

(ii) requesting that the insurer concede that the claimant is entitled to claim damages for non-economic loss, or

(iii) notifying the insurer that they believe their degree of whole person impairment is greater than 10%, and

(b) the insurer has had an opportunity to respond to the claimant’s claim and has rejected the claim or not responded.