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20.24 No payment if suspended re: S57(2) - (medical exam)


Chapter 51 of this Handbook deals extensively with the effect of a client refusing (without reasonable excuse) to attend or cooperate with a medical examination requested by a delegate. Although chapter 51 of the Liability handbook discusses S57(2) suspensions primarily in relation to liability issues, the medical examination at issue can be for any purpose. Therefore, suspensions for failure to attend medical examinations for incapacity investigation purposes are also covered by S57(2).

In short, non-compliance results in an automatic suspension of all compensation under that claim which was to be tested by the medical exam. The suspension is not appealable and is only (automatically) lifted once the client complies with direction and attends an appointment.

Read chapter 51 for further details. However for the present purposes, Delegates should always check to see if the client is suspended before paying any period of incapacity.

Note however, that a S57(2) suspension (unlike S37(7) which relates to non compliance with a rehabilitation plan) relates only to compensation specific to the condition which was the subject of the medical examination. If a client suspended under S57(2) for one injury subsequently becomes incapacitated by a separate injury not also to be investigated by the suspension-triggering medical examination, weekly payments may still be made (i.e. on the basis of that second injury).