Section 342.205 - Right of employer to require continued physical examination - Payment of cost of examination - Effect of employee's refusal - Statement of earnings to be furnished at request of party(1) After an injury and so long as compensation is claimed, the employee, if requested by a party or by the administrative law judge, shall submit himself or herself to examination, at a reasonable time and place, to a duly-qualified physician or surgeon designated and paid by the requesting party. The employee shall have the right to have a duly-qualified physician or surgeon designated and paid by himself or herself present at the examination, but this right shall not deny the requesting party's physician or surgeon the right to examine the injured employee at all reasonable times and under all reasonable conditions.(2) The party requesting an examination pursuant to subsection (1) of this section shall make arrangements to provide all the cost of the examination. The requesting party shall also prepay the cost of transportation of the employee to and from the examination if public transportation is utilized. If the employee uses his or her own vehicle to travel to and from the examination, the requesting party shall prepay the employee at the state mileage rate. The requesting party shall also reimburse the employee for the cost of meals, lodging, parking, and toll charges upon proof of same by written voucher. The amounts prepaid or reimbursed by the requesting party, as required by this subsection, shall be the same as, and in accordance with, state travel administrative regulations and standards promulgated and established pursuant to KRS Chapter 45.(3) If an employee refuses to submit himself or herself to or in any way obstructs the examination, his or her right to take or prosecute any proceedings under this chapter shall be suspended until the refusal or obstruction ceases. No compensation shall be payable for the period during which the refusal or obstruction continues.(4) Any employee receiving benefits under this chapter may be required, upon request of any party, to furnish a sworn affirmed statement of earnings and other supporting information the administrative law judge may require.(5) The cabinet shall supply forms for the report. Effective:7/15/2010
Amended 2010, Ky. Acts ch. 24, sec. 1796, effective7/15/2010. --Amended 2000, Ky. Acts ch. 514, sec. 9, effective 7/14/2000. -- Amended 1996, (1st Extra. Sess.) Ky. Acts ch. 1, sec. 57, effective 12/12/1996. -- Amended 1994 Ky. Acts ch. 181, Part 15, sec. 78, effective 4/4/1994. -- Amended 1990 Ky. Acts ch. 382, sec. 1, effective 7/13/1990. -- Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 22, effective 1/4/1988. -- Amended 1980 Ky. Acts ch. 104, sec. 9, effective 7/15/1980. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective 10/1/1942, from Ky. Stat. sec. 4918.