Medical examinations
27 Medical examinations
S. 27(1) amended by No. 23/1994 s. 118(Sch. 1 item 59.10(a)).
Where the worker has given notice of an injury he shall if so required by the employer submit himself for examination by a registered medical practitioner provided and paid by the employer and if he refuses to submit himself to such examination or in any way obstructs the same his right to compensation and to take or prosecute any proceedings under this Act in relation to compensation shall be suspended until such examination has taken place.
S. 27(2) amended by No. 23/1994 s. 118(Sch. 1 item 59.10(a)).
Any worker receiving weekly payments under this Act shall, if so required by the employer, from time to time submit himself for examination by a registered medical practitioner provided and paid by the employer. If the worker refuses to submit himself to such examination, or in any way obstructs the same, his right to such weekly payments shall be suspended until such examination has taken place.
S. 27(3) amended by No. 23/1994 s. 118(Sch. 1 item 59.10(b)), substituted by No. 41/2006 s. 39.
A worker can not be required to submit to an examination by a registered medical practitioner under subsection (1) or (2) otherwise than in accordance with subsections (3A), (3B) and (3C).
S. 27(3A) inserted by No. 41/2006 s. 39.
If a worker has given notice of an injury or is in receipt of weekly payments the worker can not be required to submit to an examination by a registered medical practitioner provided by the employer except at reasonable hours.
S. 27(3B) inserted by No. 41/2006 s. 39.
A worker in receipt of weekly payments can not, after an initial examination, be required to submit to an examination by a registered medical practitioner provided by the employer more frequently than once every 3 months.
S. 27(3C) inserted by No. 41/2006 s. 39.
Despite subsection (3A), a worker may be required to submit to one additional examination by a registered medical practitioner provided by the employer if an application is made to the County Court for a review of a weekly payment or for redemption of a weekly payment.
S. 27(4) amended by Nos 10191 s. 270(14)(a), 67/1992 s. 64(11)(a), 23/1994 s. 118(Sch. 1 item 59.10(b)).
Where a worker has so submitted himself for examination by a registered medical practitioner, or has been examined by a registered medical practitioner selected by himself, and the employer or the worker (as the case may be) has, within six days after such examination, furnished the other with a copy of the report of that practitioner as to the worker's condition, then, in the event of no agreement being come to between the employer and the worker as to the worker's condition or fitness for employment, the registrar, on application being made to the County Court or Administrative Appeals Tribunal by both parties, may, on payment by the applicant of such fee (not exceeding $4[4]) as is prescribed by any rules made by the County Court or Administrative Appeals Tribunal, refer the matter to a medical referee.
The medical referee to whom the matter is so referred shall, in accordance with regulations made by the Governor in Council, give a certificate as to the condition of the worker and his fitness for employment, specifying, where necessary, the kind of employment for which he is fit, and that certificate shall be conclusive evidence as to the matter so certified.
Where no agreement can be come to between the employer and the worker as to whether or to what extent the incapacity of the worker is due to the injury, the provisions of this section shall, subject to any regulations made by the Governor in Council, apply as if the question were a question as to the condition of the worker.
If a worker, on being required so to do, refuses to submit himself for examination by a medical referee to whom the matter has been so referred as aforesaid, or in any way obstructs the same, his right to compensation and to take or prosecute any proceeding under this Act in relation to compensation or, in the case of a worker in receipt of a weekly payment, his right to that weekly payment shall be suspended until such examination has taken place.
S. 27(8) amended by Nos 10191 s. 270(14)(a), 67/1992 s. 64(11)(a).
The County Court or Administrative Appeals Tribunal may make rules for prescribing the manner in which documents are to be furnished or served and applications made under this section and the forms to be used for those purposes and, subject to the consent of the Treasurer of Victoria, as to the fee to be paid under subsection (4) of this section.
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