WorkersFirst.com.au

Jurisdiction: Commonwealth of Australia

Citation: [2009] AATA 904 

Court: Administrative Appeals Tribunal of Australia

Judges: Jarvis DP

Judgment Date: 3/11/2009

WORKERS' COMPENSATION - Commonwealth employee - Requirement to attend psychiatric examination - Applicant claims that attendance would be detrimental to his health - Held that applicant did not have a reasonable excuse for refusing to attend examination.

PRACTICE AND PROCEDURE - Jurisdiction - Held that tribunal has power to determine whether applicant has reasonable excuse for refusing to attend medical examination in order to determine whether proceedings in tribunal are stayed.

LEGISLATION CITED: Safety, Rehabilitation and Compensation Act 1988 (Cth) s 57(2)

Mr Kermode was a Veteran who had been requested by the MRCC to attend a psychiatric examination as part of the claims process.  Mr Kermode refused stating that he had attended numerous psychiatrists already regarding his injuries and each time he had to relive the events causing his injuries was detrimental to his health.

Section 57(2) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) is such that an injured worker can not unreasonably refuse to attend a medical examination required by an insurer.

The evidence was that Mr Kermode's treating psychiatrist thought there was a probability that further examinations could result in suicidal behavior by Mr Kermode.  Further evidence was that Mr Kermode's treating psychiatrist would prepare him for the interview and see him immediately after, that he could attend with a representative provided the representative did not say anything and that the Psychiatrist conducting the appointment was very experienced and would be able to conduct the interview in a way which would minimize any risk.

The Tribunal restated the position that there must be a real risk of injury to the health of a worker before an examination could be refused on reasonable grounds.