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

1,217 words·~6 min read·/wi/chapter-102/102-13-5

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.

3. Notwithstanding any statutory provisions except par.

(e), any physician, chiropractor, psychologist, dentist, physician assistant, advanced practice registered nurse, or podiatrist attending a worker’s compensation claimant for any condition or complaint reasonably related to the condition for which the claimant claims compensation may furnish to the employee, employer, worker’s compensation insurer, or department information and reports related to a compensation claim.

4. The testimony of any physician, chiropractor, psychologist, dentist, physician assistant, advanced practice registered nurse, or podiatrist who is licensed to practice where he or she resides or practices in any state and the testimony of any vocational expert may be received in evidence in compensation proceedings.

(e)No person may testify on the issue of the reasonableness of the fees of a licensed health care professional unless the person is licensed to practice the same health care profession as the professional whose fees are the subject of the testimony. This paragraph does not apply to the fee dispute resolution process under s. 102.16

(2).

(f)If an employee claims compensation under s. 102.81

(1), the department may require the employee to submit to physical or vocational examinations under this subsection.

(a)An employee who reports an injury alleged to be work-related or files an application for hearing waives any physician-patient, psychologist-patient, or chiropractor-patient privilege with respect to any condition or complaint reasonably related to the condition for which the employee claims compensation. Notwithstanding ss. 51.30 and 146.82 and any other law, any physician, chiropractor, psychologist, dentist, podiatrist, physician assistant, advanced practice registered nurse, hospital, or health care provider shall, within a reasonable time after written request by the employee, employer, worker’s compensation insurer, or department, or its representative, provide that person with any information or written material reasonably related to any injury for which the employee claims compensation. If the request is by a representative of a worker’s compensation insurer for a billing statement, the physician, chiropractor, psychologist, dentist, podiatrist, physician assistant, advanced practice registered nurse, hospital, or health care provider shall, within 30 days after receiving the request, provide that person with a complete copy of an itemized billing statement or a billing statement in a standard billing format recognized by the federal government.

(b)A physician, chiropractor, podiatrist, psychologist, dentist, physician assistant, advanced practice registered nurse, hospital, or health service provider shall furnish a legible, certified duplicate of the written material requested under par.

(a)in paper format upon payment of the actual costs of preparing the certified duplicate, not to exceed the greater of 45 cents per page or $7.50 per request, plus the actual costs of postage, or shall furnish a legible, certified duplicate of that material in electronic format upon payment of $26 per request. Any person who refuses to provide certified duplicates of written material in the person’s custody that is requested under par.

(a)shall be liable for reasonable and necessary costs and, notwithstanding s. 814.04

(1), reasonable attorney fees incurred in enforcing the requester’s right to the duplicates under par.

(a).