Medical examination; refusal to submit; testimony of physician.
1. Any employee who is entitled to receive compensation under this chapter shall, if:
(a) Requested by the insurer; or
(b) Ordered by an appeals officer, or a hearing officer,
Ê submit himself for medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the regulations of the Division.
2. If the insurer has reasonable cause to believe that an injured employee who is receiving compensation for a permanent total disability is no longer disabled, the insurer may request the employee to submit to an annual medical examination to determine whether the disability still exists. The insurer shall pay the costs of the examination.
3. The request or order for an examination must fix a time and place therefor, due regard being had to the nature of the medical examination, the convenience of the employee, his physical condition and ability to attend at the time and place fixed.
4. The employee is entitled to have a physician, provided and paid for by him, present at any such examination.
5. If the employee refuses to submit to an examination ordered or requested pursuant to subsection 1 or 2 or obstructs the examination, his right to compensation is suspended until the examination has taken place, and no compensation is payable during or for the period of suspension.
6. Any physician who makes or is present at any such examination may be required to testify as to the result thereof.
Last modified: February 25, 2006