105Application for assessment of medical dispute

#### 105 Application for assessment of medical dispute 105 Application for assessment of medical dispute > > (1) A claimant or insurer may lodge an application to refer a medical dispute for assessment under Division 7.5 of the MAI Act— > > > > > (a) for a dispute about a decision of an insurer, as soon as practicable after— > > > > > > > (i) the insurer notifies the claimant of the outcome of the insurer’s internal review of the reviewable decision or the insurer’s decision to decline to conduct a review, or > > > > > > > (ii) the date by which the insurer was to complete an internal review and notify the claimant of the outcome, where the insurer has failed to do so within the required period, or > > > > > (b) for a dispute other than a dispute about a decision of an insurer—at any time. > > > (2) An application may be lodged only if— > > > > > (a) the insurer has failed to complete an internal review or notify the claimant of the decision on review within the required period, or > > > > > (b) the insurer has declined to conduct an internal review. > > > (2A) Subrules (1) and (2) do not apply to a medical dispute about the degree of permanent impairment of the injured person that has resulted from injury caused by the motor accident. > > > (2B) A claimant or insurer may lodge an application to refer a medical dispute of the kind specified in subrule (2A) for assessment under Division 7.5 of the MAI Act at any time. > > > (3) If an injury has not previously been the subject of a medical assessment, an application for further assessment of a medical dispute is not required and an original application to refer a medical dispute for assessment may be made in relation to the injury. > > **rule 105:** Am 2022 (170), Sch 1\[8\]; 2023 (40), sec 3(3).