What 'suspended until the examination takes place' means
Where a reasonable excuse for non-attendance has not been provided, the claim can be held in suspense until the employee does comply with examination requirements.
A suspended claim has all its benefits and entitlements under the Act stopped, and no retrospective, or past payments, can be made up once the employee decides to co-operate. Section 57 (5) refers. There are no grounds for the employee to request a reconsideration of this decision.
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Example |
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An employee fails, without reasonable excuse, to attend an examination to review her claim on 25/03/1994. |
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She has been entitled to ongoing incapacity payments until this time. |
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It is not until 25/11/1994 that the employee does agree to attend the examination, which reveals that her compensable condition has been ongoing since the date of injury, and that total incapacity applied from that time. |
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However, as the employee did not comply under section 57 (2) of the Act, any entitlement to incapacity payment between 25/03/94 and 25/11/1994 (the period of suspension) cannot be paid [section 57(5)]. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-seven-review-processes/part-one-evidence-and-investigation/powers-investigation/section-57/what-suspended-until-examination-takes-place-means