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Sec. 31-294f.

Medical examination of injured employee. Medical reports.

Workers' Compensation Act as amended to January 1, 2021

 

 

Sec. 31-294f. Medical examination of injured employee. Medical reports. (a) An injured employee shall submit himself to examination by a reputable practicing physician or surgeon, at any time while claiming or receiving compensation, upon the reasonable request of the employer or at the direction of the commissioner. The examination shall be performed to determine the nature of the injury and the incapacity resulting from the injury. The physician or surgeon shall be selected by the employer from an approved list of physicians and surgeons prepared by the chairman of the Workers' Compensation Commission and shall be paid by the employer. At any examination requested by the employer or directed by the commissioner under this section, the injured employee shall be allowed to have in attendance any reputable practicing physician or surgeon that the employee obtains and pays for himself. The employee shall submit to all other physical examinations as required by this chapter. The refusal of an injured employee to submit himself to a reasonable examination under this section shall suspend his right to compensation during such refusal.

(b) All medical reports concerning any injury of an employee sustained in the course of his employment shall be furnished within thirty days after the completion of the reports, at the same time and in the same manner, to the employer and the employee or his attorney.

(P.A. 91-32, S. 14, 41; 91-339, S. 49, 55; P.A. 96-125.)

History: P.A. 91-339 amended Subsec. (a) to change "commissioners" to "chairman of the workers' compensation commission"; P.A. 96-125 amended Subsec. (b) by replacing "Any medical reports resulting from an examination requested by an employer or directed by the commissioner under this section" with "All medical reports concerning any injury of an employee sustained in the course of his employment" and by deleting the provision re furnishing of all "other" medical reports.

Cited. 228 C. 1.

Statute provides employer the right to an independent and meaningful medical examination of injured employee. 65 CA 592. Although plain language of statute authorizes physical or mental examinations by reputable practicing physician or surgeon and defendant's vocational rehabilitation expert is not a medical doctor, statute does not limit broad equitable powers of commissioner to act pursuant to the more general provisions that encourage full disclosure and cooperation among the parties during pendency of a claim; workers' compensation review board properly affirmed commissioner's decision to compel plaintiff to undergo vocational rehabilitation examination by a nonphysician selected by defendant, and commissioner did not abuse his discretion in precluding plaintiff from admitting evidence from her vocational rehabilitation expert when she disregarded commissioner's order to submit to examination by defendant's vocational rehabilitation expert. 91 CA 470. Section does not mandate commissioner order a commissioner's examination to resolve conflicting evidence, though nothing in the statute prohibits the commissioner from doing so. 169 CA 103.