(1)

If the Commission requires a person to undergo an examination under subsection 328(2), and the person:

(a) refuses or fails to undergo the examination; or
(b) in any way obstructs the examination;

the Commission may determine that the person's right to compensation (but not to treatment or compensation for treatment under Chapter 6) under this Act is suspended until the examination takes place.

(2)

A determination under subsection (1) must not be made in relation to a refusal or failure to undergo the examination if, before the time fixed for the examination, the person gives to the Commission evidence of a reasonable excuse for the refusal or failure.

(3)

The Commission must determine that the suspension under subsection (1) is terminated from a date determined by the Commission if, within 14 days after the date fixed for the examination, the person gives to the Commission evidence of a reasonable excuse for the refusal, failure or obstruction.

(4)

If a determination under subsection (1) is made by a delegate of the Commission, the Commission must ensure that any determination terminating the suspension under subsection (3) also made by a delegate of the Commission is made by a delegate other than a delegate who was involved in making the determination under subsection (1).

(5)

If a person's right to compensation is suspended under subsection (1), compensation is not payable in respect of the period of the suspension.