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 the parties

(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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