Section 14Part 3 — Conditions of Compensation
Medical examination after notice of accident
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Where a workman has given notice of an accident or where an accident has occurred in respect of which the necessity of giving notice under this Law is dispensed with, he shall, if so required by the employer, submit himself for examination by a medical practitioner provided and paid by the employer.
The workman shall, when required, attend upon such medical practitioner at the time and place notified to the workman by the employer, provided such time and place is reasonable.
In the event of the workman being, in the opinion of any medical practitioner, unable or not in a fit state to attend on the medical practitioner named by the employer, that fact shall be notified to the employer and the medical practitioner so named shall fix a time and place for a personal examination of the workman and shall send him notice accordingly.
If the workman refuses or wilfully neglects to submit himself to such examination, or in any way wilfully obstructs or unnecessarily delays such examination, his right to compensation and to take or prosecute any proceedings under this Law in relation to compensation shall be suspended until such examination has taken place.
The workman shall be entitled to have his own medical practitioner present at such examination, but at his own expense.
Where the workman is not attended by a medical practitioner he shall, if so required by the employer, submit himself for medical treatment by a medical practitioner without expense to the workman.
If the workman has refused to submit himself for treatment by a medical practitioner when so required under sub-section (6), or having submitted himself for such treatment has disregarded the instructions of the medical practitioner, then if it is thereafter proved that the refusal or disregard was unreasonable in the circumstances of the case and that the injury has been aggravated thereby, the injury and resulting incapacity shall be deemed to be of the same nature and duration as they might reasonably have been expected to be if the workman had submitted himself for treatment by, and duly carried out the instructions of the medical practitioner, and compensation, if any, shall be payable accordingly.
Where a claim for compensation is made in respect of the death of the workman, and if the workman had refused or wilfully neglected to submit himself to examination by a medical practitioner when so required under this section, had wilfully obstructed or unnecessarily delayed the examination or had refused to submit himself for treatment by a medical practitioner when so required under this section or having submitted himself for treatment had disregarded the instructions of the medical practitioner and if it is thereafter proved that the refusal, neglect, obstruction, delay or disregard was unreasonable in the circumstances of the case and that the death of the workman was caused thereby, the death shall not be deemed to have resulted from the injury and no compensation shall be payable.