Disputes are assigned to the most appropriate dispute resolution pathway.
Disputes regarding a claimant’s injuries, degree of permanent impairment or treatment may be resolved through the medical disputes pathway.
Most disputes that go through this pathway are about the whether the claimant’s injury is a ‘threshold’ injury for the purposes of the Motor Accidents Insurance Act 2017 or about the degree of permanent impairment caused by an injury. These disputes may also concern the medical nature of an injury and treatment for injuries sustained in the motor vehicle accident.
The medical disputes pathway involves an assessment of the injury or condition by a Medical Assessor. Medical Assessors are independent medical specialists appointed by the Commission. The medical assessor will usually examine the claimant and review the information provided by the parties, including, for example, the medical reports and investigations such as scans and X-rays.
The Medical Assessor provides the Commission with a certificate and reasons that outline their independent assessment about the injury, impairment or treatment.
The medical dispute pathway is as follows: