Physical examinations; board and lodging; traveling expenses;
reports; autopsy
Sec. 20. (a) After disablement and during the period of claimed
resulting disability or impairment, the employee, if so requested by
the employee's employer or ordered by the worker's compensation
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 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 this chapter, or in any action at law brought
to recover damages against any employer who is subject to the
compensation provisions of this chapter. If the employee refuses to
submit to, or in any way obstructs the examinations, the employee's
right to compensation and right to take or prosecute any proceedings
under this chapter shall be suspended until the refusal or obstruction
ceases. No compensation shall at any time be payable for the period
of suspension unless in the opinion of the 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 worker's
compensation 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 as is then 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 state budget agency. If the 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 the loss of wages upon the basis of such employee's average daily
wage.
(c) 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.
(d) 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 disabled or injured
employee has no physician or surgeon present at the 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 the physician or surgeon to the employer. This 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 (f). If the 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 the physician shall not be
permitted to testify before the worker's compensation board as to any
facts learned in the examination. All of the requirements of this
subsection apply to all subsequent examinations requested by the
employer.
(e) 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 the facts that are reported by such
physician or surgeon to the employee. The 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 (f). If the 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 the 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 made by a physician
or surgeon engaged by the employee.
(f) 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.
(g) Delivery of any statement required by this section may be
made to the attorney or agent of the employer or employee and such
an action shall be construed as delivery to the employer or employee.
(h) 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 (f).
(i) 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 board orders an autopsy and the autopsy is
refused by the surviving spouse or next of kin, in this event any claim
for compensation on account of the death shall be suspended and
abated during the 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 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
shall be 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 the autopsy shall
be suspended on motion duly made to the board.
(Formerly: Acts 1937, c.69, s.12a; Acts 1963, c.388, s.14; Acts 1975,
P.L.235, SEC.5.) As amended by P.L.28-1988, SEC.54; P.L.95-1988,
SEC.17; P.L.109-1992, SEC.2.
Last modified: May 27, 2006