23-1072. Autopsy in death claims; effect of
refusal by claimant
A. On filing a claim for compensation for death from an industrial injury or
occupational disease where in the opinion of the commission it is necessary to ascertain
accurately and scientifically the cause of death, an autopsy may be ordered by the
commission upon request of an interested party and notice to the employer to be made by a
qualified pathologist designated by the commission. Any interested person may designate
a duly licensed physician to attend such autopsy, and the findings of the pathologist
performing the autopsy shall be filed with the commission and shall be a public record.
B. All proceedings for compensation shall be suspended upon refusal of a claimant
or claimants to permit the autopsy when so ordered.
C. Where an autopsy has been performed pursuant to an order of the commission, no
action shall lie against any person, firm or corporation for participating in or
requesting such autopsy.
|