Merchant Seamen Compensation Act

Marginal note:Board may refer matter to a medical referee

• 28 (1) Where a seaman has on the request of his employer submitted himself for examination, or has been examined by a duly qualified medical practitioner selected by himself, and a copy of the report of the medical practitioner on the seaman’s condition has been furnished in the former case by the employer to the seaman and in the latter case by the seaman to the employer, the Board may, on the application of either of them or of its own motion, refer the matter to a medical referee.

• Marginal note:Certificate of medical referee

  (2) The medical referee to whom a reference is made under subsection (1) or who has examined the seaman by the direction of the Board under subsection 27(1) shall certify to the Board as to the condition of the seaman and his fitness for employment, specifying, where necessary, the kind of employment, and, if unfit, the cause and degree of the unfitness, and his certificate, unless the Board otherwise directs, is conclusive as to the matters certified.

• Marginal note:Right suspended in case refusal of examination

  (3) When a seaman does not submit himself for examination when required to do so under subsection 27(1) or on being required to do so does not submit himself for examination to a medical referee under that subsection or under subsection (1) of this section, or in any way obstructs any examination, his right to compensation, or if he is in receipt of a weekly or other periodical payment, his right to it, is suspended until the examination has taken place.

• Marginal note:Diminution or suspension of compensation

  (4) The Board may diminish the compensation to which a seaman is entitled, or suspend payment thereof, whenever the seaman persists in dangerous and unsanitary practices imperilling or retarding his cure and whenever he refuses to submit to such medical treatment as the Board on the advice of the medical referee may deem necessary for his cure.

• Marginal note:Reasonable refusal

  (5) Subsection (4) does not apply in the event of the seaman reasonably refusing to submit to surgical aid.