44-515. Medical examinations; travel and living expenses; availability of reports; disqualification of certain medical evidence; consideration of health care providers' opinions.
44-515
44-515. Medical examinations; travel and living expenses;availability of reports; disqualification of certain medical evidence;consideration of health care providers' opinions.(a) After an employee sustains an injury, the employee shall, upon request ofthe employer, submit to an examination at any reasonable time and place by anyone or more reputable health care providers, selected by the employer, andshall so submit to an examination thereafter at intervals during the pendencyof such employee's claim for compensation, upon the request of the employer,but the employee shall not be required to submit to an examination oftener thantwice in any one month, unless required to do so in accordance with such ordersas may be made by the director. Any employee so submitting to an examination orsuch employee's authorized representative shall upon request be entitled toreceive and shall have delivered to such employee a copy of the health careprovider's report of such examination within 15 days after such examination,which report shall be identical to the report submitted to the employer. If theemployee is notified to submit to an examination before any health careprovider in any town or city other than the residence of the employeeat the time that the employee received an injury, the employee shall notbe required to submit to an examination until such employee has beenfurnished with sufficient funds to pay for transportation to and fromthe place of examination at the rate prescribed for compensation of stateofficers and employees under K.S.A. 75-3203a and amendments thereto, for eachmile actually and necessarily traveled to and from the place of examination,any turnpike or other tolls and any parking fees actually and necessarilyincurred, and in addition the sum of $15 per day for each day or a partthereof that theemployee was required to be away from such employee's residence to defray suchemployee's board and lodging and living expenses. The employee shall not beliable for any fees or charge of any health care provider selected by theemployer for making any examination of the employee. The employer or theinsurance carrier of the employer of any employee making claim for compensationunder the workers compensation act shall be entitled to a copy of the report ofany health care provider who has examined or treated the employee in regard tosuch claim upon written request to the employee or the employee's attorneywithin 15 days after such examination or treatment, which report shall beidentical to the report submitted to the employee or the employee's attorney.
(b) If the employee requests, such employee shall be entitled to have healthcare providers of such employee's own selection present at the time toparticipate in such examination.
(c) Unless a report is furnished as provided in subsection (a) and unlessthere is a reasonable opportunity thereafter for the health care providersselected by the employee to participate in the examination in the presence ofthe health care providers selected by the employer, the health care providersselected by the employer or employee shall not be permitted afterwards to giveevidence of the condition of the employee at the time such examination wasmade.
(d) Except as provided in this section, there shall be no disqualificationor privilege preventing the furnishing of reports by or the testimony of anyhealth care provider who actually makes an examination or treats an injuredemployee, prior to or after an injury.
(e) Any health care provider's opinion, whether the provider is a treatinghealth care provider or is an examining health care provider, regarding aclaimant's need for medical treatment, inability to work, prognosis, diagnosisand disability rating shall be considered and given appropriate weight by thetrier of fact together with consideration of all other evidence.
History: L. 1927, ch. 232, § 15; L. 1955, ch. 250, § 6; L.1967, ch. 280, § 6; L. 1974, ch. 203, § 23; L. 1977, ch. 174, §3; L. 1980, ch. 146, § 4; L. 1990, ch. 182, § 6; L. 1990, ch. 183, §6;L. 1991, ch. 144, § 5; July 1.