A-3 - Workers’ Compensation Act

Section 24 Disposition versions

2021-01-25

24. (1)  Where a worker has upon the request of his employer submitted himself for examination, or has been examined by a duly qualified health professional selected by himself, and a copy of the report of the health professional practitioner has been furnished in the former case by the employer to the worker, and in the latter case by the worker to the employer, the Commission may, on the application of either of the parties, refer the matter to an expert.

(2)  The expert to whom a reference is made under subsection 1 of this section or who has examined the worker by the direction of the Commission under subsection 1 of section 23, shall certify to the Commission as to the condition of the worker and his fitness for employment, specifying, where necessary, the Kind of employment, and, if unfit, the cause and degree of such unfitness.

(3)  The Commission may suspend the payment of the indemnity to which the worker may be entitled if such worker refuses to submit to any examination required by this Act or ordered under any of its provisions, or in any way obstructs any examination; and payment of his indemnity shall be so suspended until such examination has taken place.

(4)  The Commission may also, in its discretion, diminish the indemnity to which a worker is entitled, or suspend payment thereof, whenever the worker persists in dangerous and unsanitary practices imperilling or retarding his cure and whenever he refuses to submit to such medical treatment, as the Commission, on the advice of the expert, may deem necessary for his cure. But this subsection 4 shall not apply in the event of the worker refusing to submit to surgical aid.

R. S. 1964, c. 159, s. 23; 1978, c. 57, s. 1, s. 16; 2020, c. 6, s. 9.

1999-04-01

24. (1)  Where a worker has upon the request of his employer submitted himself for examination, or has been examined by a duly qualified medical practitioner selected by himself, and a copy of the report of the medical practitioner has been furnished in the former case by the employer to the worker, and in the latter case by the worker to the employer, the Commission may, on the application of either of the parties, refer the matter to an expert.

(2)  The expert to whom a reference is made under subsection 1 of this section or who has examined the worker by the direction of the Commission under subsection 1 of section 23, shall certify to the Commission as to the condition of the worker and his fitness for employment, specifying, where necessary, the Kind of employment, and, if unfit, the cause and degree of such unfitness.

(3)  The Commission may suspend the payment of the indemnity to which the worker may be entitled if such worker refuses to submit to any examination required by this Act or ordered under any of its provisions, or in any way obstructs any examination; and payment of his indemnity shall be so suspended until such examination has taken place.

(4)  The Commission may also, in its discretion, diminish the indemnity to which a worker is entitled, or suspend payment thereof, whenever the worker persists in dangerous and unsanitary practices imperilling or retarding his cure and whenever he refuses to submit to such medical treatment, as the Commission, on the advice of the expert, may deem necessary for his cure. But this subsection 4 shall not apply in the event of the worker refusing to submit to surgical aid.

R. S. 1964, c. 159, s. 23; 1978, c. 57, s. 1, s. 16.

1977-12-31

24. (1)  Where a workman has upon the request of his employer submitted himself for examination, or has been examined by a duly qualified medical practitioner selected by himself, and a copy of the report of the medical practitioner has been furnished in the former case by the employer to the workman, and in the latter case by the workman to the employer, the Commission may, on the application of either of the parties, refer the matter to an expert.

(2)  The expert to whom a reference is made under subsection 1 of this section or who has examined the workman by the direction of the Commission under subsection 1 of section 23, shall certify to the Commission as to the condition of the workman and his fitness for employment, specifying, where necessary, the kind of employment, and, if unfit, the cause and degree of such unfitness. The expert’s certificate, unless the Commission otherwise directs, shall be conclusive as to its contents.

(3)  The Commission may suspend the payment of the compensation to which the workman may be entitled if such workman refuses to submit to any examination required by this act or ordered under any of its provisions, or in any way obstructs any examination; and payment of his compensation shall be so suspended until such examination has taken place.

(4)  The Commission may also, in its discretion, diminish the compensation to which a workman is entitled, or suspend payment thereof, whenever the workman persists in dangerous and unsanitary practices imperilling or retarding his cure and whenever he refuses to submit to such medical treatment, as the Commission, on the advice of the expert, may deem necessary for his cure. But this subsection 4 shall not apply in the event of the workman refusing to submit to surgical aid.

R. S. 1964, c. 159, s. 23.