Section 146 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) "and this section" after " section 143(4) " ;

(b) by inserting the following subsection after subsection (2) :

(3)  The Tribunal is to order the Commissioner to pay the costs incurred by another party in respect of proceedings to which this Act relates if –

(a) the proceedings are determined in the favour of the other party; and

(b) during the proceedings, the Tribunal finds that a medical panel made an error in applying the law to a medical question in respect of a person; and

(c) the Tribunal is satisfied that, had the error of law not been made, the Commissioner would have determined that one or more of the following would have applied in respect of the person:

(i) the person would have been entitled to compensation under this Act in accordance with section 70;

(ii) the person would have been entitled, under section 74 or 76, to compensation by way of lump sum.