Section 43

Any determination under this Act by a medical assessor or the

Appellate Medical Board may be reviewed at any time by the medical assessor or the Appellate Medical Board, if the medical assessor or the

Appellate Medical Board is satisfied by fresh evidence that the determination was given in consequence of a non-disclosure or misrepresentation by a self-employed insured person or any other person of a material fact whether the non-disclosure or misrepresentation was or was not fraudulent.

Any determination of the extent of the permanent disablement resulting from the relevant self-employment injury may also be reviewed by a medical assessor or the Appellate Medical Board, if the

Self-Employment Social Security 33

medical assessor or the Appellate Medical Board is satisfied that since the making of the determination, there has been a substantial and unforeseen aggravation of the result of the relevant injury.

Notwithstanding subsection (3), the determination shall not be reviewed unless the medical assessor or the Appellate Medical Board is of the opinion that, having regard to the period taken into account by the determination, substantial injustice will be done by not reviewing the determination.

Except with leave of the Appellate Medical Board, the determination shall not be reviewed under subsection (3) on any application for review made less than three years from the date of the determination, or in the case of a provisional determination, six months from the date of such determination and in relation to such review, the period to be taken into account shall not include any period before the date of the application.

Subject to subsection (5), a medical assessor or the Appellate

Medical Board may deal with a case of review in any manner in which the medical assessor or the Appellate Medical Board could deal with it on an original reference to the medical assessor or the Appellate

Medical Board, and in particular may make a provisional determination notwithstanding that the determination under review was final.

Section 41 shall apply to an application for review under this section and to a determination of a medical assessor or the Appellate

Medical Board.

Review of dependants’ benefit