Section 314. (a) At any time after an injury the employee, if so requested by
his employer, must submit himself at some reasonable time and place for a
physical examination or expert interview by an appropriate health care provider
or other expert, who
shall be selected and paid for by the employer.
If the employee shall refuse upon the request of the employer, to
submit to
the examination or expert interview by the health care provider or other expert
selected by the employer, a workers' compensation judge assigned by the
department may, upon petition of the employer, order the employee to submit to
such examination or expert interview at a time and place set by the workers'
compensation judge and by the health care provider or other expert selected and
paid for by the employer or by a health care provider or other expert designated
by the workers' compensation judge and paid for by the employer. The workers'
compensation judge may at any time after such first examination or expert
interview, upon petition of the employer, order the employee to submit himself
to such further physical examinations or expert interviews as the workers'
compensation judge shall deem reasonable and necessary, at such times and places
and by such health care provider or other expert as the workers' compensation
judge may designate; and in such case, the employer shall pay the fees and
expenses of the examining health care provider or other expert, and the
reasonable traveling expenses and loss of wages incurred by the employee in
order to submit himself to such examination or expert interview. The refusal or
neglect, without reasonable cause or excuse, of the employee to submit to such
examination or expert interview ordered by the workers' compensation judge,
either before or after an agreement or award, shall deprive him of the right to
compensation, under this article, during the continuance of such refusal or
neglect, and the period of such neglect or refusal shall be deducted from the
period during which compensation would otherwise be payable.
(b) In
the case of a physical examination, the employee shall be entitled to have a
health care provider of his own selection, to be paid by him, participate in
such examination requested by his employer or ordered by the workers'
compensation judge. In instances where an examination is requested in relation
to section 306(a.2)(1), such examination shall be performed by a physician who
is licensed in this Commonwealth, who is certified by an American Board of
Medical Specialties approved board or its osteopathic equivalent and who is in
active clinical practice for at least twenty (20) hours per week.
(314 amended June 24, 1996, P.L.350, No.57)