An insurer or person against whom a motor accident claim is made may request a claimant under s 86(1) of the Motor Accidents Compensation Act 1999 (NSW) to undergo a medical examination for the purpose of determining eligibility for participation in the Lifetime Care and Support Scheme. Non-compliance without reasonable excuse triggers the sanction that court proceedings cannot be commenced or continued. However, s 86 does not confer power on a court to order compliance with such a request; the statutory sanction of staying proceedings is the sole enforcement mechanism.
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