bro58 wrote:
pitrat wrote: I've read somthing about this on another site , its not about the assessment as a whole but any physical at the end of a face to face assessmant . The Atos disability denier has to ask for consent before any physical examination , Atos tell them this means anyone being examined cannot sue for any resulting injury as consent has been obtained , I doubt this is true though but I'm not a solicitor . What dors the team think ?
Hi pr,
I think MHB's post earlier in the thread clarifies the issue.
You either consent, or you don't. Therefore, if the ATOS HCP proceeds to carry out a medical examination, and you allow it without protest,you have consented.
If you state that you do not wish to be examined and they proceed anyway, there would be possible implications.
With regards to the ATOS HCP asking you to carry out any particular actions to assess you, you can flatly refuse without giving reasons, in which case it would be recorded as a "Refusal".
You could also refuse citing that you are either unable to, or it would cause you pain and suffering if you did so. This should then be note down, and not just recorded as a "Refusal".
You can carry out the action, in which case it would be assumed that you had agreed to do so.
This is covered in The WCA Handbook, on this page :
ESA Claims Guides bro58
