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CAP. 282]
Employees' Compensation
[1988 Ed.
if such failure extends over a period of 15 days from the date when the employee was required to submit himself for examination under subsection (2) or (3), as the case may be, no compensation shall be payable, unless the Court is satisfied that there was reasonable cause for such failure.
(5) The employee shall be entitled to have his own medical practitioner present at such examination, but at his own expense.
(6) Where the employee is not attended by a medical practitioner he shall, if so required by the employer, submit himself for treatment by a medical practitioner without expense to the employee.
(7) If the employee fails to submit himself for treatment by a medical practitioner when so required under the provisions of subsection (6), or having submitted himself for such treatment disregards the instructions of such medical practitioner, then if it is proved that such failure 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 employee had submitted himself for treatment by, and duly carried out the instructions of, such medical practitioner, and compensation, if any, shall be payable accordingly.
(8) Where under this section a right to compensation is suspended, no compensation shall be payable in respect of the period of suspension.
(9) Notwithstanding the previous provisions of this section, where a claim for compensation is made in respect of the death of an employee, then if the employee failed to submit himself to examination by a medical practitioner when so required under the provisions of this section, or failed to submit himself for treatment by a medical practitioner when so required under the provisions of this section or having submitted himself for such treatment disregarded the instructions of such medical practitioner, and if it is proved that such failure or disregard was unreasonable in the circumstances of the case and that the death of the employee was caused thereby, the death shall not be deemed to have resulted from the injury, and no compensation shall be payable in respect of the injury.
Determination of claims in respect of minor injuries
(Amended, 44 of 1980, s. 15)
16A. (1) Where a claim for compensation arises in respect of an accident causing injury to an employee which-
(a) results in temporary incapacity, whether total or partial; and (Amended, 31 of 1985, s. 3)
(b) in the opinion of the Commissioner is not likely to result in any permanent incapacity,
the Commissioner may, if he has notice of the claim, assess the compensation payable under section 10:
*To be repealed and replaced by 59 of 1938, + 4(a) wef. 11.1989—see LN. 220/88.
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