Western Australian Current Acts Western Australian Current Acts (1) If a worker
—
(a)
fails to comply with a requirement made by an approved medical specialist
panel under section 146L(2)(a), (b) or (c); or
(b) on
being required to submit to examination by the panel refuses or fails to do so
or in any way obstructs the examination,
the Registrar may
issue a certificate to that effect and upon the issue of that certificate the
making of an assessment of the worker’s degree of impairment is
suspended until the Registrar certifies that the suspension is removed.
(2) The Registrar is
not to issue a certificate under subsection (1) if the worker satisfies the
arbitrator that there was a reasonable excuse for refusing or failing to
comply with the requirement or obstructing the examination.
(3) An employer or
insurer who refuses or fails to comply with a requirement of an approved
medical specialist panel under section 146L(2)(c) commits an offence.
Penalty: $5 000.
(4) It is a defence to
a charge under subsection (3) to prove that the employer or insurer had a
reasonable excuse for failing to comply with the requirement.
[Section 146M inserted: No. 42 of 2004 s. 109;
amended: No. 31 of 2011 s. 39.]