23-1026. Periodical medical examination of
employee; effect of refusal or obstruction of examination or
treatment
A. An employee who may be entitled to compensation under this chapter shall submit
himself for medical examination from time to time at a place reasonably convenient for
the employee, if and when requested by the commission, the state compensation fund, his
employer or the insurance carrier. A place is reasonably convenient even if it is not
where the employee resides if it is the place where the employee was injured and the
employer or the insurance carrier pays in advance the employee's reasonable travel
expenses, including the cost of transportation, food, lodging and loss of pay, if
applicable.
B. The request for the medical examination shall fix a time and place having regard
to the convenience of the employee, his physical condition and his ability to
attend. The employee may have a physician present at the examination if procured and
paid for by himself.
C. If the employee refuses to submit to the medical examination or obstructs the
examination, his right to compensation shall be suspended until the examination has been
made, and no compensation shall be payable during or for such period.
D. A physician who makes or is present at the medical examination provided by this
section may be required to testify as to the result thereof.
E. Upon appropriate application and hearing, the commission may reduce or suspend
the compensation of an employee who persists in unsanitary or injurious practices tending
to imperil or retard his recovery, or who refuses to submit to medical or surgical
treatment reasonably necessary to promote his recovery.
F. An employee shall be excused from attending a scheduled medical examination if
the employee requests a protective order and the administrative law judge finds that the
scheduled examination is unnecessary, would be cumulative or could reasonably be timely
scheduled with an appropriate physician where the employee resides. If a protective
order is requested the burden is on the employer or insurance carrier to establish that a
medical examination should be scheduled at a place other than where the employee
resides. If an employee has left this state and the employer or insurance carrier pays
in advance the employee's reasonable travel expenses, including the cost of
transportation, food, lodging and loss of pay, if applicable, the employer or insurance
carrier is entitled to have the employee return to this state one time a year for
examination or one time following the filing of a petition to reopen.
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