This question is testing entitlement to lump-sum compensation under s 41 (Facial disfigurement) or s 42 (Total loss of the sense of taste or smell) of the 1971 Act. These sections 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 in any way obstructs their medical examination, all actions in relation to compensation are suspended until the examination is completed.
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.