115Application for merit review

#### 115 Application for merit review 115 Application for merit review > > (1) A claimant may apply for a merit review of a reviewable decision under the MAI Act by lodging an application in the approved form. > > > (2) An application for a merit review matter for which an internal review is required by the insurer may be made only after— > > > > > (a) the reviewable decision has been the subject of an internal review by the insurer, or > > > > > (b) the insurer has failed to complete an internal review or notify the claimant of the internal review decision within the period required for its completion, or > > > > > (c) the insurer has declined to conduct an internal review. > > > (3) An application for a merit review must be lodged— > > > > > (a) if an internal review is required by the insurer, within 28 days of— > > > > > > > (i) the claimant receiving the insurer’s internal review of the reviewable decision, or > > > > > > > (ii) the claimant receiving the insurer’s decision to decline to conduct the internal review, or > > > > > > > (iii) the end of the period required under section 7.9(4) or (5) of the MAI Act, if the insurer has not completed the internal review or notified the claimant of the outcome within the required period, or > > > > > (b) if an internal review is not required by the insurer, within 28 days of the claimant receiving the insurer’s reviewable decision. > > > (4) An application must also include a schedule of earnings as referred to in rule 68 if the amount of weekly compensation or statutory benefits is in dispute. > > > (5) The claimant must, within 7 days of registration of the application, serve a sealed copy of the application on the other parties. > > > (6) The insurer may, within 14 days of registration of the application— > > > > > (a) lodge a reply to the application, and > > > > > (b) serve a sealed copy of the reply on the other parties.