Physical examination; physician's statement; autopsy
Sec. 6. (a) After an injury and during the period of claimed
resulting disability or impairment, the employee, if so requested by
the employee's employer or ordered by the industrial board, shall
submit to an examination at reasonable times and places by a duly
qualified physician or surgeon designated and paid by the employer
or by order of the worker's compensation board. The employee shall
have the right to have present at any such examination any duly
qualified physician or surgeon provided and paid for by the
employee. No fact communicated to, or otherwise learned by, any
physician or surgeon who may have attended or examined the
employee, or who may have been present at any examination, shall
be privileged, either in the hearings provided for in IC 22-3-2
through IC 22-3-6, or in any action at law brought to recover
damages against any employer who is subject to the compensation
provisions of IC 22-3-2 through IC 22-3-6. If the employee refuses
to submit to or in any way obstructs such examinations, the
employee's right to compensation and his right to take or prosecute
any proceedings under IC 22-3-2 through IC 22-3-6 shall be
suspended until such refusal or obstruction ceases. No compensation
shall at any time be payable for the period of suspension unless in the
opinion of the worker's compensation board the circumstances
justified the refusal or obstruction. The employee must be served
with a notice setting forth the consequences of the refusal under this
subsection. The notice must be in a form prescribed by the board.
(b) Any employer requesting an examination of any employee
residing within Indiana shall pay, in advance of the time fixed for the
examination, sufficient money to defray the necessary expenses of
travel by the most convenient means to and from the place of
examination, and the cost of meals and lodging necessary during the
travel. If the method of travel is by automobile, the mileage rate to be
paid by the employer shall be the rate currently being paid by the
state to its employees under the state travel policies and procedures
established by the department of administration and approved by the
budget agency. If such examination or travel to or from the place of
examination causes any loss of working time on the part of the
employee, the employer shall reimburse the employee for such loss
of wages upon the basis of the employee's average daily wage. When
any employee injured in Indiana moves outside Indiana, the travel
expense and the cost of meals and lodging necessary during the
travel payable under this section shall be paid from the point in
Indiana nearest to the employee's then residence to the place of
examination. No travel and other expense shall be paid for any travel
and other expense required outside Indiana.
(c) A duly qualified physician or surgeon provided and paid for
by the employee may be present at an examination if the employee
so desires. In all cases where the examination is made by a physician
or surgeon engaged by the employer and the injured employee has no
physician or surgeon present at such examination, it shall be the duty
of the physician or surgeon making the examination to deliver to the
injured employee, or the employee's representative, a statement in
writing of the conditions evidenced by such examination. The
statement shall disclose all facts that are reported by such physician
or surgeon to the employer. Such statement shall be furnished to the
employee or the employee's representative, as soon as practicable,
but not later than thirty (30) days before the time the case is set for
hearing. The statement may be submitted by either party as evidence
by that physician or surgeon at a hearing before the worker's
compensation board if the statement meets the requirements of
subsection (e). If such physician or surgeon fails or refuses to furnish
the employee or the employee's representative with such statement
thirty (30) days before the hearing, then the statement may not be
submitted as evidence, and such physician or surgeon shall not be
permitted to testify before the worker's compensation board as to any
facts learned in such examination. All of the requirements of this
subsection apply to all subsequent examinations requested by the
employer.
(d) In all cases where an examination of an employee is made by
a physician or surgeon engaged by the employee, and the employer
has no physician or surgeon present at such examination, it shall be
the duty of the physician or surgeon making the examination to
deliver to the employer or the employer's representative a statement
in writing of the conditions evidenced by such examination. The
statement shall disclose all facts that are reported by such physician
or surgeon to the employee. Such statement shall be furnished to the
employer or the employer's representative as soon as practicable, but
not later than thirty (30) days before the time the case is set for
hearing. The statement may be submitted by either party as evidence
by that physician or surgeon at a hearing before the worker's
compensation board if the statement meets the requirements of
subsection (e). If such physician or surgeon fails or refuses to furnish
the employer, or the employer's representative, with such statement
thirty (30) days before the hearing, then the statement may not be
submitted as evidence, and such physician or surgeon shall not be
permitted to testify before the industrial board as to any facts learned
in such examination. All of the requirements of this subsection apply
to all subsequent examinations made by a physician or surgeon
engaged by the employee.
(e) All statements of physicians or surgeons required by this
section, whether those engaged by employee or employer, shall
contain the following information:
(1) The history of the injury, or claimed injury, as given by the
patient.
(2) The diagnosis of the physician or surgeon concerning the
patient's physical or mental condition.
(3) The opinion of the physician or surgeon concerning the
causal relationship, if any, between the injury and the patient's
physical or mental condition, including the physician's or
surgeon's reasons for the opinion.
(4) The opinion of the physician or surgeon concerning whether
the injury or claimed injury resulted in a disability or
impairment and, if so, the opinion of the physician or surgeon
concerning the extent of the disability or impairment and the
reasons for the opinion.
(5) The original signature of the physician or surgeon.
Notwithstanding any hearsay objection, the worker's compensation
board shall admit into evidence a statement that meets the
requirements of this subsection unless the statement is ruled
inadmissible on other grounds.
(f) Delivery of any statement required by this section may be
made to the attorney or agent of the employer or employee and such
action shall be construed as delivery to the employer or employee.
(g) Any party may object to a statement on the basis that the
statement does not meet the requirements of subsection (e). The
objecting party must give written notice to the party providing the
statement and specify the basis for the objection. Notice of the
objection must be given no later than twenty (20) days before the
hearing. Failure to object as provided in this subsection precludes
any further objection as to the adequacy of the statement under
subsection (e).
(h) The employer upon proper application, or the worker's
compensation board, shall have the right in any case of death to
require an autopsy at the expense of the party requesting the same.
If, after a hearing, the worker's compensation board orders an
autopsy and such autopsy is refused by the surviving spouse or next
of kin, then any claim for compensation on account of such death
shall be suspended and abated during such refusal. The surviving
spouse or dependent must be served with a notice setting forth the
consequences of the refusal under this subsection. The notice must
be in a form prescribed by the worker's compensation board. No
autopsy, except one performed by or on the authority or order of the
coroner in the discharge of the coroner's duties, shall be held in any
case by any person, without notice first being given to the surviving
spouse or next of kin, if they reside in Indiana or their whereabouts
can reasonably be ascertained, of the time and place thereof, and
reasonable time and opportunity given such surviving spouse or next
of kin to have a representative or representatives present to witness
same. However, if such notice is not given, all evidence obtained by
such autopsy shall be suppressed on motion duly made to the
worker's compensation board.
(Formerly: Acts 1929, c.172, s.27; Acts 1943, c.136, s.7; Acts 1945,
c.188, s.2; Acts 1947, c.162, s.4; Acts 1949, c.253, s.1; Acts 1963,
c.387, s.6; Acts 1975, P.L.235, SEC.4.) As amended by P.L.28-1988,
SEC.27; P.L.95-1988, SEC.4; P.L.109-1992, SEC.1.
Last modified: May 27, 2006