(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.