(820
ILCS 305/12) (from Ch. 48, par. 138.12)
Sec.
12. An employee entitled to receive disability payments shall be
required, if requested by the employer, to submit himself, at the
expense of the employer, for examination to a duly qualified medical
practitioner or surgeon selected by the employer, at any time and
place reasonably convenient for the employee, either within or
without the State of Illinois, for the purpose of determining the
nature, extent and probable duration of the injury received by
the employee, and for the purpose of ascertaining the amount of
compensation which may be due the employee from time to time for
disability according to the provisions of this Act. An employee
may also be required to submit himself for examination by medical
experts under subsection (c) of Section 19.
An
employer requesting such an examination, of an employee residing
within the State of Illinois, shall deliver to the employee with
the notice of the time and place of examination sufficient money
to defray the necessary expense of travel by the most convenient
means to and from the place of examination, and the cost of meals
necessary during the trip, and if the examination or travel to
and from the place of examination causes any loss of working time
on the part of the employee, the employer shall reimburse him for
such loss of wages upon the basis of his average daily wage. Such
examination shall be made in the presence of a duly qualified medical
practitioner or surgeon provided and paid for by the employee,
if such employee so desires.
In
all cases where the examination is made by a surgeon engaged by
the employer, and the injured employee has no surgeon present at
such examination, it shall be the duty of the surgeon making the
examination at the instance of the employer to deliver to the injured
employee, or his representative, a statement in writing of the
condition and extent of the injury to the same extent that said
surgeon reports to the employer and the same shall be an exact
copy of that furnished to the employer, said copy to be furnished
the employee, or his representative as soon as practicable but
not later than 48 hours before the time the case is set for hearing.
Such delivery shall be made in person either to the employee or
his representative, or by registered mail to either, and the receipt
of either shall be proof of such delivery. If such surgeon refuses
to furnish the employee with such statement to the same extent
as that furnished the employer said surgeon shall not be permitted
to testify at the hearing next following said examination.
If
the employee refuses so to submit himself to examination or unnecessarily
obstructs the same, his right to compensation payments shall be
temporarily suspended until such examination shall have taken place,
and no compensation shall be payable under this Act for such period.
It
shall be the duty of surgeons treating an injured employee who
is likely to die, and treating him at the instance of the employer,
to have called in another surgeon to be designated and paid for
by either the injured employee or by the person or persons who
would become his beneficiary or beneficiaries, to make an examination
before the death of such injured employee.
In
all cases where the examination is made by a surgeon engaged by
the injured employee, and the employer has no surgeon present at
such examination, it shall be the duty of the surgeon making the
examination at the instance of the employee, to deliver to the
employer, or his representative, a statement in writing of the
condition and extent of the injury to the same extent that said
surgeon reports to the employee and the same shall be an exact
copy of that furnished to the employee, said copy to be furnished
the employer, or his representative, as soon as practicable but
not later than 48 hours before the time the case is set for hearing.
Such delivery shall be made in person either to the employer, or
his representative, or by registered mail to either, and the receipt
of either shall be proof of such delivery. If such surgeon refuses
to furnish the employer with such statement to the same extent
as that furnished the employee, said surgeon shall not be permitted
to testify at the hearing next following said examination.
(Source: P.A.
94-277, eff. 7-20-05.)