8.13 Refuses or Obstructs a Medical Examination under Ss41 or 42

Sections 41 (Facial disfigurement) and S42 (Total loss of the sense of taste or smell) of the 1971 Act provided for a medical board to examine the claimant and then:

in the case of facial disfigurement, specify the appropriate amount of compensation depending upon the severity of the disfigurement or loss, or
in the case of loss of the sense of taste or smell, determine whether the loss was total and permanent.

If the claimant 'refuses or fails to submit' him or herself for examination or 'in any way obstructs' the examination, all actions in relation to compensation are suspended until the examination takes place.

The relevant subsections state:

Compensation payable in respect of facial disfigurement

...

41(5) If the employee refuses or fails to submit himself for examination by the medical board or in any way obstructs the examination, his right to compensation under this section and his right to institute or continue any proceedings under this Act in relation to compensation under this section are suspended until the examination takes place.

...

Compensation payable in respect of total loss of the sense of taste or smell

...

42(4) If the employee refuses or fails to submit himself for examination by the medical board or in any way obstructs the examination, his right to institute and continue proceedings under this Act in relation to compensation under this section are suspended until the examination takes place.

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/permanent-impairment-handbook/ch-8-permanent-impairment-under-1971-act/813-refuses-or-obstructs-medical-examination-under-ss41-or-42

8.13.1 'Refuses or fails to submit' to a medical examination or 'in any way obstructs' the medical examination

Sections 41 (Facial disfigurement) and S42 (Total loss of the sense of taste or smell) of the 1971 Act provided for a medical board to examine the claimant and then:

in the case of facial disfigurement, specify the appropriate amount of compensation depending upon the severity of the disfigurement or loss, or
in the case of loss of the sense of taste or smell, determine whether the loss was total and permanent.

The relevant subsections state:

Compensation payable in respect of facial disfigurement

...

Compensation payable in respect of total loss of the sense of taste or smell

...

8.13.2 Review of a decision to suspend processing of a claim

Sections 41 (Facial disfigurement) and S42 (Total loss of the sense of taste or smell) of the 1971 Act provided for a medical board to examine the claimant and then:

in the case of facial disfigurement, specify the appropriate amount of compensation depending upon the severity of the disfigurement or loss, or
in the case of loss of the sense of taste or smell, determine whether the loss was total and permanent.

The relevant subsections state:

Compensation payable in respect of facial disfigurement

...

Compensation payable in respect of total loss of the sense of taste or smell

...