New South Wales Consolidated Acts

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 4.12

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 the Commission--see section 7.23. Section 7.20 authorises a court, the Commission or party to a dispute, to refer the dispute about the degree of permanent impairment to the Commission 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.