MOTOR ACCIDENTS COMPENSATION ACT 1999 - SECT 86 Medical and other examination of claimant

MOTOR ACCIDENTS COMPENSATION ACT 1999 - SECT 86

86 Medical and other examination of claimant

(cf s 49 MAA)

(1) A claimant must comply with any request by the person against whom the claim is made or the person's insurer--

(a) to undergo a medical examination by one or more medical practitioners nominated by that person or insurer, or

(b) to undergo a rehabilitation assessment, an assessment to determine functional and vocational capacity or an assessment to determine attendant care needs, by an assessor nominated by that person or insurer, or

(c) to undergo an assessment in accordance with Motor Accidents Medical Guidelines,

not being, in any such case, an examination or assessment that is unreasonable, unnecessarily repetitious or dangerous.

(2) Any such examination or assessment is at the cost of the person who requests it. The claimant may decline to undergo the examination or assessment unless that person pays the claimant a reasonable sum to meet the reasonable and necessary costs and expenses incurred by the claimant in connection with the examination or assessment.

(3) A claimant must comply with any request by a medical assessor or the President to undergo a medical examination or an assessment by the medical assessor for the purposes of a medical assessment under Part 3.4.

(4) If the claimant fails without reasonable excuse to comply with such a request--

(a) the claim cannot be referred to the Commission for assessment under Part 4.4 and any such assessment cannot be continued while the failure continues, and

(b) court proceedings cannot be commenced or continued in respect of the claim while the failure continues.

(5) The regulations may prescribe a rate at which the cost of travel by any specified mode of transport is to be calculated for the purposes of the payment of travel costs under this section.