§97‑27. Medical examination; facts not privileged; refusal to be examinedsuspends compensation; autopsy.
(a) After an injury,and so long as he claims compensation, the employee, if so requested by hisemployer or ordered by the Industrial Commission, shall, subject to theprovisions of subsection (b), submit himself to examination, at reasonabletimes and places, by a duly qualified physician or surgeon designated and paidby the employer or the Industrial Commission. The employee shall have the rightto have present at such examination any duly qualified physician or surgeonprovided and paid by him. Notwithstanding the provisions of G.S. 8‑53,no fact communicated to or otherwise learned by any physician or surgeon orhospital or hospital employee who may have attended or examined the employee,or who may have been present at any examination, shall be privileged in anyworkers' compensation case with respect to a claim pending for hearing beforethe Industrial Commission. If the employee refuses to submit himself to or inany way obstructs such examination requested by and provided for by theemployer, his right to compensation and his right to take or prosecute anyproceedings under this Article shall be suspended until such refusal orobjection ceases, and no compensation shall at any time be payable for theperiod of obstruction, unless in the opinion of the Industrial Commission thecircumstances justify the refusal or obstruction. The employer, or theIndustrial Commission, shall have the right in any case of death to require anautopsy at the expense of the party requesting the same.
(b) In those casesarising under this Article in which there is a question as to the percentage ofpermanent disability suffered by an employee, if any employee, required tosubmit to a physical examination under the provisions of subsection (a) isdissatisfied with such examination or the report thereof, he shall be entitledto have another examination by a duly qualified physician or surgeon licensedand practicing in North Carolina or by a duly qualified physician or surgeonlicensed to practice in South Carolina, Georgia, Virginia and Tennesseeprovided said nonresident physician or surgeon shall have been approved by theNorth Carolina Industrial Commission and his name placed on the Commission'slist of approved nonresident physicians and surgeons, designated by him andpaid by the employer or the Industrial Commission in the same manner asphysicians designated by the employer or the Industrial Commission are paid. Provided, however, that all travel expenses incurred in obtaining saidexamination shall be paid by said employee. The employer shall have the rightto have present at such examination a duly qualified physician or surgeonprovided and paid by him. No fact communicated to or otherwise learned by anyphysician or surgeon who may have attended or examined the employee, or who mayhave been present at any examination, shall be privileged, either in hearingsprovided for by this Article or any action at law. (1929, c. 120, s. 27; 1959,c. 732; 1969, c. 135; 1973, c. 520, s. 2; 1977, c. 511; 1991, c. 636, s. 3.)
§97‑27. Medical examination; facts not privileged; refusal to be examinedsuspends compensation; autopsy.
(a) After an injury,and so long as he claims compensation, the employee, if so requested by hisemployer or ordered by the Industrial Commission, shall, subject to theprovisions of subsection (b), submit himself to examination, at reasonabletimes and places, by a duly qualified physician or surgeon designated and paidby the employer or the Industrial Commission. The employee shall have the rightto have present at such examination any duly qualified physician or surgeonprovided and paid by him. Notwithstanding the provisions of G.S. 8‑53,no fact communicated to or otherwise learned by any physician or surgeon orhospital or hospital employee who may have attended or examined the employee,or who may have been present at any examination, shall be privileged in anyworkers' compensation case with respect to a claim pending for hearing beforethe Industrial Commission. If the employee refuses to submit himself to or inany way obstructs such examination requested by and provided for by theemployer, his right to compensation and his right to take or prosecute anyproceedings under this Article shall be suspended until such refusal orobjection ceases, and no compensation shall at any time be payable for theperiod of obstruction, unless in the opinion of the Industrial Commission thecircumstances justify the refusal or obstruction. The employer, or theIndustrial Commission, shall have the right in any case of death to require anautopsy at the expense of the party requesting the same.
(b) In those casesarising under this Article in which there is a question as to the percentage ofpermanent disability suffered by an employee, if any employee, required tosubmit to a physical examination under the provisions of subsection (a) isdissatisfied with such examination or the report thereof, he shall be entitledto have another examination by a duly qualified physician or surgeon licensedand practicing in North Carolina or by a duly qualified physician or surgeonlicensed to practice in South Carolina, Georgia, Virginia and Tennesseeprovided said nonresident physician or surgeon shall have been approved by theNorth Carolina Industrial Commission and his name placed on the Commission'slist of approved nonresident physicians and surgeons, designated by him andpaid by the employer or the Industrial Commission in the same manner asphysicians designated by the employer or the Industrial Commission are paid. Provided, however, that all travel expenses incurred in obtaining saidexamination shall be paid by said employee. The employer shall have the rightto have present at such examination a duly qualified physician or surgeonprovided and paid by him. No fact communicated to or otherwise learned by anyphysician or surgeon who may have attended or examined the employee, or who mayhave been present at any examination, shall be privileged, either in hearingsprovided for by this Article or any action at law. (1929, c. 120, s. 27; 1959,c. 732; 1969, c. 135; 1973, c. 520, s. 2; 1977, c. 511; 1991, c. 636, s. 3.)
§97‑27. Medical examination; facts not privileged; refusal to be examinedsuspends compensation; autopsy.
(a) After an injury,and so long as he claims compensation, the employee, if so requested by hisemployer or ordered by the Industrial Commission, shall, subject to theprovisions of subsection (b), submit himself to examination, at reasonabletimes and places, by a duly qualified physician or surgeon designated and paidby the employer or the Industrial Commission. The employee shall have the rightto have present at such examination any duly qualified physician or surgeonprovided and paid by him. Notwithstanding the provisions of G.S. 8‑53,no fact communicated to or otherwise learned by any physician or surgeon orhospital or hospital employee who may have attended or examined the employee,or who may have been present at any examination, shall be privileged in anyworkers' compensation case with respect to a claim pending for hearing beforethe Industrial Commission. If the employee refuses to submit himself to or inany way obstructs such examination requested by and provided for by theemployer, his right to compensation and his right to take or prosecute anyproceedings under this Article shall be suspended until such refusal orobjection ceases, and no compensation shall at any time be payable for theperiod of obstruction, unless in the opinion of the Industrial Commission thecircumstances justify the refusal or obstruction. The employer, or theIndustrial Commission, shall have the right in any case of death to require anautopsy at the expense of the party requesting the same.
(b) In those casesarising under this Article in which there is a question as to the percentage ofpermanent disability suffered by an employee, if any employee, required tosubmit to a physical examination under the provisions of subsection (a) isdissatisfied with such examination or the report thereof, he shall be entitledto have another examination by a duly qualified physician or surgeon licensedand practicing in North Carolina or by a duly qualified physician or surgeonlicensed to practice in South Carolina, Georgia, Virginia and Tennesseeprovided said nonresident physician or surgeon shall have been approved by theNorth Carolina Industrial Commission and his name placed on the Commission'slist of approved nonresident physicians and surgeons, designated by him andpaid by the employer or the Industrial Commission in the same manner asphysicians designated by the employer or the Industrial Commission are paid. Provided, however, that all travel expenses incurred in obtaining saidexamination shall be paid by said employee. The employer shall have the rightto have present at such examination a duly qualified physician or surgeonprovided and paid by him. No fact communicated to or otherwise learned by anyphysician or surgeon who may have attended or examined the employee, or who mayhave been present at any examination, shall be privileged, either in hearingsprovided for by this Article or any action at law. (1929, c. 120, s. 27; 1959,c. 732; 1969, c. 135; 1973, c. 520, s. 2; 1977, c. 511; 1991, c. 636, s. 3.)
