§ 22-3-3-6 — Physical examination; physician's statement; autopsy

(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 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 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
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.
(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;
P.L.1-2006, SEC.337.