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.