Workmen's Compensation Act, 1934

Examination of workman by medical referee.

34.—(1) Where a workman has, in accordance with the immediately preceding section, been examined by a medical practitioner provided by his employer, or has been examined by a medical practitioner provided by himself, and such employer or workman, as the case may be, has within six days after such examination furnished the other with a copy of the report of such medical practitioner as to such workman's condition, then in the event of no agreement being come to between such employer and such workman as to the latter's condition or fitness for employment, such employer and workman or either of them may apply to the county registrar to make an order (in this section referred to as a reference order) referring the matter to a medical referee, and thereupon the county registrar shall, unless the application is made by one party only and he is of opinion that owing to the nature of the case the matter should be determined by the Court, make such reference order.

(2) Where the county registrar refuses to make a reference order or on the application of one of the parties only for a reference order, makes a reference order, an appeal shall lie against such refusal or such reference order (as the case may be) to the Court and the decision of the Court on such appeal shall be final.

(3) Whenever an application for a reference order is granted there shall be paid to the county registrar, before the issue of the order, by the applicant or applicants such fee not exceeding one pound as may be fixed by regulations made by the Minister for Justice with the sanction of the Minister for Finance.

(4) Every fee paid to the county registrar under the preceding sub-section shall be paid into or disposed of by him for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(5) Whenever a reference order is made, the medical referee named in such order shall forthwith examine the workman to whom such order relates, and shall in accordance with regulations made by the Minister give a certificate as to the condition of such workman and his fitness for employment, specifying where necessary the kind of employment for which he is fit.

(6) Every certificate of a medical referee under the immediately preceding sub-section shall be conclusive evidence as to the matters certified therein in accordance with the said sub-section.

(7) Where no agreement can be come to between an employer and a workman as to whether and to what extent the incapacity of such workman is due to the accident, the foregoing provisions of this section shall, subject to any regulations made by the Minister, apply as if the question were a question as to the condition of such workman and his fitness for employment.

(8) If a workman, on being required so to do, refuses to submit himself for examination by a medical referee to whom the matter has been referred by a reference order, or in any way obstructs the same, 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 such examination has taken place.

(9) Rules of court may be made providing for 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.