§ 4123.651 — Employer initiating medical examinations

Ohio § 4123.651

• Jurisdiction: Ohio
• Title 41: Labor and Industry
• Ch. 4123: Workers' Compensation

Text

(A)(1) The employer of a claimant who is injured or disabled in the course of the claimant's employment may require, without the approval of the administrator or the industrial commission, that the claimant be examined by any of the following of the employer's choice one time:

(a) A physician;

(b) A certified nurse midwife ;

(c) A clinical nurse specialist;

(d) A certified nurse practitioner.

(2) The examination described in division (A)(1) of this section shall be for the purpose of any issue asserted by the employee or any of the practitioners listed in divisions (A)(1)(a) to (d) of this section of the employee's choice or for the purpose of any issue which is to be considered by the commission.

(3) Any further requests for medical examinations shall be made to the commission, which shall consider and rule on the request. The employer shall pay the cost of any examinations initiated by the employer.

(B) The bureau of workers' compensation shall prepare or adopt a form for the release of medical information, records, and reports relative to the issues necessary for the administration of a claim under this chapter. The claimant promptly shall provide a current signed form, or an equivalent form such as the standard form under section3798.10of the Revised Code, for the release of the information, records, and reports when requested by the employer. The employer promptly shall provide copies of all medical information, records, and reports to the bureau and to the claimant or the claimant's representative upon request.

Medical information, records, and reports shall be related causally or historically to physical, psychological, or psychiatric injuries relevant to the claimant's workers' compensation claim.

(C) If, without good cause, an employee refuses to submit to any examination scheduled under this section or refuses to release or execute a release for any medical information, record, or report that is required to be released under this section and involves an issue pertinent to the condition alleged in the claim, the employee's right to have the employee's claim for compensation or benefits considered, if the employee's claim is pending before the administrator, commission, or a district or staff hearing officer, or to receive any payment for compensation or benefits previously granted, is suspended during the period of refusal.

(D) No bureau or commission employee shall alter any medical report obtained from a health care provider the bureau or commission has selected or cause or request the health care provider to alter or change a report. The bureau and commission shall make any request for clarification of a health care provider's report in writing and shall provide a copy of the request to the affected parties and their representatives at the time of making the request.

Last updated February 18, 2025 at 6:10 PM

Legislative History

Effective: March 20, 2025 | Latest Legislation: Senate Bill 196 - 135th General Assembly