Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)Chapter V : Claims for compensation42. Employee to submit to medical examination and rehabilitation |
[Section 42 heading substituted by section 22(a) of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023]
| (1) | An employee who claims compensation or to whom compensation has been paid or is payable shall when so required by the Director-General or the employer or mutual association concerned, as the case may be, after reasonable notice, submit himself at the time and place mentioned in the notice to an examination by the medical practitioner designated by the Director-General or the employer or mutual association concerned. |
| (1A) | An employee contemplated in subsection (1) shall, if required to do so, submit himself or herself to an examination for purposes of rehabilitation. |
[Section 42(1A) inserted by section 22(b) of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023 - effective 23 January 2026 per (a) of Proclamation Notice 306, GG53990 dated 23 January 2026]
| (2) | Such expenses incurred by the employee to comply with the provisions of this section as the Commissioner may deem necessary and reasonable, and the prescribed remuneration for a medical examination or rehabilitation in terms of this section, shall be paid by the party requiring the examination or rehabilitation. |
[Section 42(2) substituted by section 22(c) of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023 - effective 23 January 2026 per (a) of Proclamation Notice 306, GG53990 dated 23 January 2026]
| (3) | If, according to the determination of a designated medical practitioner, the employee is not able to attend the medical examination or rehabilitation in terms of subsections (1) and (1A), such designated medical practitioner or the employee shall inform the party requiring the examination thereof and the designated medical practitioner shall then examine the employee at a time and place as agreed upon. |
[Section 42(3) substituted by section 22(c) of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023 - effective 23 January 2026 per (a) of Proclamation Notice 306, GG53990 dated 23 January 2026]
| (4) | An employee shall be entitled at his own expense to have a medical practitioner or chiropractor of his choice present at an examination by a designated medical practitioner. |