Sections 57 (2) and 57 (5)

Section 57 (2) states:

“Where an employee refuses or fails, without reasonable excuse, to undergo an examination, or in any way obstructs an examination, the employee's rights to compensation under this Act, and to institute or continue any proceedings under this Act in relation to compensation, are suspended until the examination takes place.”

While the previous subsection provides for selection of a medical specialist, this provision serves to not only reinforce how important it is that an employee attends the examination, but also provides support in the event that the employee is reluctant to co-operate.

The principles of natural justice require that the employee be clearly advised of the consequences of unreasonable refusal or failure to undergo an examination.  If this advice is not given, chances are claim entitlements cannot lawfully be suspended should the employee fail to co-operate.