102.13 Examination; competent witnesses; exclusion of evidence; autopsy.

710 words·~3 min read·/wi/chapter-102/102-13-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except as provided in sub.

(4), whenever compensation is claimed by an employee, the employee shall, upon the written request of the employee’s employer or worker’s compensation insurer, submit to reasonable examinations by physicians, chiropractors, psychologists, dentists, physician assistants, advanced practice registered nurses, or podiatrists provided and paid for by the employer or insurer. No employee who submits to an examination under this paragraph is a patient of the examining physician, chiropractor, psychologist, dentist, physician assistant, advanced practice registered nurse, or podiatrist for any purpose other than for the purpose of bringing an action under ch. 655 , unless the employee specifically requests treatment from that physician, chiropractor, psychologist, dentist, physician assistant, advanced practice registered nurse, or podiatrist.

(am)When compensation is claimed for loss of earning capacity under s. 102.44

(2)or

(3), the employee shall, on the written request of the employee’s employer or insurer, submit to reasonable examinations by vocational experts provided and paid for by the employer or insurer.

(b)An employer or insurer who requests that an employee submit to reasonable examination under par.

(a)or

(am)shall tender to the employee, before the examination, all necessary expenses including transportation expenses. The employee is entitled to have a physician, chiropractor, psychologist, dentist, physician assistant, advanced practice registered nurse, or podiatrist provided by himself or herself present at the examination and to receive a copy of all reports of the examination that are prepared by the examining physician, chiropractor, psychologist, podiatrist, dentist, physician assistant, advanced practice registered nurse, or vocational expert immediately upon receipt of those reports by the employer or worker’s compensation insurer. The employee is entitled to have one observer provided by himself or herself present at the examination. The employee is also entitled to have a translator provided by himself or herself present at the examination if the employee has difficulty speaking or understanding the English language. The employer’s or insurer’s written request for examination shall notify the employee of all of the following:

1. The proposed date, time, and place of the examination and the identity and area of specialization of the examining physician, chiropractor, psychologist, dentist, podiatrist, physician assistant, advanced practice registered nurse, or vocational expert.

2. The procedure for changing the proposed date, time and place of the examination.

3. The employee’s right to have his or her physician, chiropractor, psychologist, dentist, physician assistant, advanced practice registered nurse, or podiatrist present at the examination.

4. The employee’s right to receive a copy of all reports of the examination that are prepared by the examining physician, chiropractor, psychologist, dentist, podiatrist, physician assistant, advanced practice registered nurse, or vocational expert immediately upon receipt of these reports by the employer or worker’s compensation insurer.

5. The employee’s right to have a translator provided by himself or herself present at the examination if the employee has difficulty speaking or understanding the English language.

6. The employee’s right to have one observer provided by himself or herself present at the examination.

(c)So long as the employee, after a written request of the employer or insurer that complies with par.

(b), refuses to submit to or in any way obstructs the examination, the employee’s right to begin or maintain any proceeding for the collection of compensation is suspended, except as provided in sub.

(4). If the employee refuses to submit to the examination after direction by the department or an examiner, or in any way obstructs the examination, the employee’s right to the weekly indemnity that accrues and becomes payable during the period of that refusal or obstruction, is barred, except as provided in sub.

(4).

(d)Subject to par.

(e):

1. Any physician, chiropractor, psychologist, dentist, podiatrist, physician assistant, advanced practice registered nurse, or vocational expert who is present at any examination under par.

(a)or

(am)may be required to testify as to the results of the examination.

2. Any physician, chiropractor, psychologist, dentist, physician assistant, advanced practice registered nurse, or podiatrist who attended a worker’s compensation claimant for any condition or complaint reasonably related to the condition for which the claimant claims compensation may be required to testify before the department when the department so directs.