342.205 Right of employer to require continued physical examination -- Payment of
356 words·~2 min read·
/ky/342-205A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.