(1) ACCS must not refer a medical question to a Medical Panel under section 284 if it appears to ACCS that the formation of an opinion by a Medical Panel on the medical question would depend substantially on the resolution of factual issues which are more appropriately considered by ACCS in conciliation or arbitration than by a Medical Panel.
(2) However, ACCS may refer the medical question to a Medical Panel for an opinion after the factual issue is resolved by the agreement of the parties in conciliation or by arbitration (as the case requires).