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Liability Handbook
Ch 12 Suspension under S57 (Failure to Attend Medical Examination)
- 12.7 Effect of Suspension where Liability yet to be Accepted
External
Clients suspended und — er S5 — 7 even before liability has been accepted (i.e. while the case for entitlement has still to be demonstrated) may appear at first sight to be unaffected by this provision. Nevertheless, suspensions do apply to 'back payments' i.e. legal entitlements wh — ich are proven and paid only after acceptance of liability.
Thus, where a suspended initial liability client subsequently complies with the direction to attend the medical examination, is restored to access of the Act and finally achieves acceptance of l — iability, any retrospective incapacity now proven (perhaps back to the date of discharge) would be interrupted by the period of suspension. Similarly, any accounts for medical treatment dated to a pre-liability period of suspension, would not be re-imburs — a — ble.