Queensland Consolidated Acts
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MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 46A
Examination of claimant by medical expert in absence of agreement between the parties
46A Examination of claimant by medical expert in absence of agreement between
(1) This section applies if the insurer wants to obtain an expert report on
the claimant’s medical condition or prospects of rehabilitation but fails to
obtain the claimant’s agreement.
(2) The claimant must comply with a
request by the insurer to undergo, at the insurer’s expense—
(a) a medical
examination by a doctor to be selected by the claimant from a panel of at
least 3 doctors nominated in the request; or
(b) an assessment of cognitive,
functional or vocational capacity by an expert to be selected by the claimant
from a panel of at least 3 experts with appropriate qualifications and
experience nominated by the insurer in the request.
(3) However, a claimant
is not obliged to undergo an examination under this section if it is
unreasonable or unnecessarily repetitious.
(4) A panel of doctors or other
experts nominated under subsection (2) may (but need not) include doctors or
other experts from the official panel of medical experts.
(5) If 3 doctors or
experts with appropriate qualifications and experience are not available for
inclusion on a panel under subsection (2) , the number on the panel may be
reduced to 2.
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