92Application for general assessment of claim

92 Application for general assessment of claim

92 Application for general assessment of claim

(1) A claimant or insurer may lodge an application for an assessment of a claim at any time, subject to section 91 of the MAC Act.

(2) An application may be lodged only if—

(a) the parties have reached agreement on whether or not the claimant is entitled to compensation for non-economic loss, or

(b) a medical assessor has issued a certificate determining a medical dispute under section 58(1)(d) of the MAC Act that certifies whether the degree of permanent impairment of the injured person as a result of the injury caused by the motor accident is greater than 10%, or

(c) a medical assessor has declined to make an assessment of the degree of permanent impairment of an injured person under section 132(3) of the MAC Act, where—

(i) there is a medical dispute under section 58(1)(d) of the MAC Act, and

(ii) the assessor is not yet satisfied that the impairment caused by the injury has become permanent, or

(d) an application to refer a medical dispute under section 58(1)(d) of the MAC Act for assessment was made at least 3 months ago and the parties have not yet received a certificate certifying whether the degree of permanent impairment of the injured person as a result of the injury caused by the motor accident is greater than 10%.

(3) The applicant must, within 7 days of registration of the application, serve a sealed copy of the application on the other parties.

(4) The respondent must, within 21 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.

(5) A claimant or insurer may lodge an application to refer a claim for further assessment if significant new evidence is produced in court proceedings after a claim has been assessed, in accordance with section 111 of the MAC Act, as soon as practicable after the evidence has been adduced.