New South Wales Consolidated Acts

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MOTOR ACCIDENT INJURIES ACT 2017 - SECT 4.12

Assessment of permanent impairment required if dispute over impairment threshold

4.12 Assessment of permanent impairment required if dispute over impairment threshold

(1) If there is a dispute about whether the degree of permanent impairment of an injured person is sufficient for an award of damages for non-economic loss, damages may not be awarded unless the degree of permanent impairment has been assessed by a medical assessor under Division 7.5.
Note : The assessment of the medical assessor is conclusive in proceedings before a court or claims assessor--see section 7.23. Section 7.20 authorises a court, claims assessor or party to a dispute, to refer the dispute about the degree of permanent impairment to the Dispute Resolution Service for assessment by a medical assessor.
(2) This section does not prevent--
(a) the degree of impairment from being re-assessed under Division 7.5, or
(b) a claim from being settled at any time.



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