Western Australian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 181

181 .         Worker contravening requirement for medical examination

        (1)         If a worker contravenes a requirement for a medical examination, an arbitrator may by order (a suspension order ) —

            (a)         suspend payments of compensation to the worker; and

            (b)         suspend the worker’s entitlement to take and prosecute any proceedings under this Act.

        (2)         A worker contravenes a requirement for a medical examination if the worker without reasonable excuse fails to comply with a requirement under section 180 to undergo examination by a medical practitioner or obstructs the examination in any way.

        (3)         A suspension order has effect from the day on which the arbitrator makes the order until the earlier of the following —

            (a)         the day on which the order is revoked; or

            (b)         the day on which an order is made under subsection (5).

        (4)         An arbitrator must revoke a suspension order if satisfied that the worker is no longer contravening the requirement for a medical examination.

        (5)         If an arbitrator determines that the worker’s contravention of the requirement for a medical examination has continued for 1 month, or a longer period the arbitrator determines should be allowed, after the suspension order was made, the arbitrator must order that —

            (a)         the worker’s entitlement to compensation under this Act ceases; and

            (b)         the worker’s entitlement to take and prosecute any proceedings under this Act ceases.

        (6)         The worker bears the onus of satisfying an arbitrator that the worker had a reasonable excuse for contravening a requirement for a medical examination.

        (7)         If payment of medical and health expenses compensation, miscellaneous expenses compensation or workplace rehabilitation expenses compensation is suspended by a suspension order, compensation in respect of expenses incurred during the period of the suspension is not payable unless the order provides otherwise.

        Note for this subsection:

                Section 67 provides for the effect of suspension of payment of income compensation.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback