Section 17A: Referral to medical referee

17A. Referral to medical referee (1) (a) Where a workman has submitted himself for examination by a medical practitioner under section 16 or 17, or has been examined by a medical practitioner selected by himself, and the employer or the workman, as the case may be, has within 6 days of the examination furnished the other with a copy of the report of that practitioner as to the workman’s condition, in the event of no agreement between the employer and the workman as to the workman’s condition or fitness for employment, the Magistrate of the Industrial Court, on application made to the Court by both parties, or subject to appeal to the Supreme Court, by one of the parties, may refer the matter to a medical referee. (b) Where the application under paragraph (a) is made by one of the parties, the Magistrate of the Industrial Court, or on appeal the Supreme Court, if of opinion that, owing to the exceptional difficulty of the case or for any other sufficient reason, the matter ought to be settled in default of agreement by the Magistrate of the Industrial Court, shall refuse to allow the reference. (2) The medical referee to whom the matter is referred under subsection (1) shall, in accordance with regulations made by the President, give a certificate as to the condition of the workman and his fitness for employment, specifying, where necessary, the kind of employment for which he is fit, and that certificate shall be conclusive evidence as to the matters so certified. (3) Where there is no agreement between the employer and the workman as to whether, or to what extent, the incapacity of the workman is due to the accident, this section shall, subject to any regulations made by the President, apply as if the question were a question as to the condition of the workman. (4) Where a workman, on being required to do so, refuses to submit himself for examination by a medical referee to whom the matter has been referred under this section, or in any way obstructs the medical referee, his right to compensation, and to take or prosecute any proceeding under this Act, in relation to compensation, or, in the case of a workman in receipt of a weekly payment, his right to that weekly payment, shall be suspended until the examination has taken place. (5) The Judges may make rules prescribing the manner in which documents are to be furnished or served, and applications made, under this section, and the forms to be used for those purposes. [S. 17A amended by Act 48 of 1991.] [Issue 1] W9 – 12 Revised Laws of Mauritius