72-433. SUBMISSION OF INJURED EMPLOYEE TO MEDICAL EXAMINATION OR PHYSICAL REHABILITATION. (1) After an injury or contraction of an occupational disease and during the period of disability the employee, if requested by the employer or ordered by the commission, shall submit himself for examination at reasonable times and places to a duly qualified physician or surgeon. The employee shall be reimbursed for his expenses of necessary travel and subsistence in submitting himself for any such examination and for loss of wages, if any. For purposes of this section, the reimbursement for loss of wages shall be at the employee’s then current rate of pay if the employee is then working; otherwise, such reimbursement shall be at the total temporary disability rate. Reimbursement for travel expenses, if the employee utilizes a private vehicle, shall be at the mileage rate allowed by the state board of examiners for state employees; provided, however, that the employee shall not be reimbursed for the first fifteen (15) miles of any round trip, nor for traveling any round trip distance of fifteen (15) miles or less. Such distance shall be calculated by the shortest practical route of travel.
(2) The employee shall have the right to have a physician or surgeon designated and paid by himself present at an examination by a physician or surgeon so designated by the employer. Such right, however, shall not be construed to deny the employer’s designated physician or surgeon the right to visit the injured employee during reasonable times and under all reasonable conditions during disability. The employee and the examining physician shall have the right to have an audio recording of any examination, but may have a video recording only if the examining physician and the employee consent.
(3) At any time after injury, if an injured employee be sent to a facility approved by the commission for physical or vocational rehabilitation, the employee shall be furnished by the employer reasonable travel accommodations to and from such facility and if the injured employee is an outpatient in a physical rehabilitation facility, he shall be paid daily subsistence as the commission may authorize to cover reasonable expenses of board, lodging and transportation. Reimbursement for transportation expense, if the employee utilizes a private vehicle, shall be at the mileage rate allowed by the state board of examiners for state employees; provided however, that the employee shall not be reimbursed for the first fifteen (15) miles of any round trip, nor for traveling any round trip distance of fifteen (15) miles or less. Such distance shall be calculated by the shortest practical route of travel.
History:
[72-433, as added by 1971, ch. 124, sec. 3, p. 422; am. 1974, ch. 132, sec. 5, p. 1329; am. 1990, ch. 110, sec. 1, p. 221; am. 1997, ch. 274, sec. 10, p. 811.]
Structure Idaho Code
Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION
Section 72-401 - DEPENDENCY — WHEN DETERMINED.
Section 72-402 - WAITING PERIOD.
Section 72-403 - PENALTY FOR MALINGERING — DENIAL OF COMPENSATION.
Section 72-404 - SETTLEMENT AGREEMENTS — LUMP SUM PAYMENTS.
Section 72-405 - TRUSTEE IN CASE OF LUMP SUM PAYMENT.
Section 72-406 - DEDUCTIONS FOR PREEXISTING INJURIES AND INFIRMITIES.
Section 72-407 - CERTAIN INJURIES DEEMED TOTAL AND PERMANENT.
Section 72-408 - INCOME BENEFITS FOR TOTAL AND PARTIAL DISABILITY.
Section 72-409 - MAXIMUM AND MINIMUM INCOME BENEFITS FOR TOTAL DISABILITY.
Section 72-411 - TIME OF DEPENDENCY.
Section 72-412 - PERIODS OF INCOME BENEFITS FOR DEATH.
Section 72-413 - INCOME BENEFITS FOR DEATH.
Section 72-413A - LUMP SUM PAYMENT UPON REMARRIAGE.
Section 72-414 - APPORTIONMENT BENEFITS BETWEEN CLASSES.
Section 72-415 - CHANGE IN DEPENDENTS.
Section 72-416 - MAXIMUM AND MINIMUM INCOME BENEFITS FOR DEATH.
Section 72-417 - MAXIMUM TOTAL PAYMENT.
Section 72-418 - COMPUTATION OF WEEKS AND DAYS.
Section 72-419 - DETERMINATION OF AVERAGE WEEKLY WAGE.
Section 72-420 - COMPENSATION TO STATE WHEN DEPENDENCY NOT CLAIMED OR PROVED.
Section 72-422 - PERMANENT IMPAIRMENT.
Section 72-423 - PERMANENT DISABILITY.
Section 72-424 - PERMANENT IMPAIRMENT EVALUATION.
Section 72-425 - PERMANENT DISABILITY EVALUATION.
Section 72-426 - THE WHOLE MAN — A PERIOD OF FIVE HUNDRED WEEKS.
Section 72-427 - PERMANENT IMPAIRMENT EVALUATION NOT EXCLUSIVE.
Section 72-428 - SCHEDULED INCOME BENEFITS FOR LOSS OR LOSSES OF USE OF BODILY MEMBERS.
Section 72-429 - UNSCHEDULED PERMANENT DISABILITIES.
Section 72-430 - PERMANENT DISABILITY — DETERMINATION OF — PERCENTAGES — SCHEDULE.
Section 72-431 - INHERITABILITY OF SCHEDULED OR UNSCHEDULED INCOME BENEFITS.
Section 72-432 - MEDICAL SERVICES, APPLIANCES AND SUPPLIES — REPORTS.
Section 72-433 - SUBMISSION OF INJURED EMPLOYEE TO MEDICAL EXAMINATION OR PHYSICAL REHABILITATION.
Section 72-434 - EFFECT OF REFUSING MEDICAL EXAMINATION — DISCONTINUANCE OF COMPENSATION.
Section 72-435 - INJURIOUS PRACTICES — SUSPENSION OR REDUCTION OF COMPENSATION.
Section 72-436 - BURIAL EXPENSES.
Section 72-437 - OCCUPATIONAL DISEASES — RIGHT TO COMPENSATION.
Section 72-438 - OCCUPATIONAL DISEASES.
Section 72-439 - ACTUALLY INCURRED/NONACUTE OCCUPATIONAL DISEASE.
Section 72-440 - TIME OF DEPENDENCY — DEATH BENEFITS.
Section 72-441 - NO COMPENSATION IN CASE OF MISREPRESENTATION.
Section 72-443 - PERIOD OF EXPOSURE IN SILICOSIS CASES.
Section 72-444 - NO COMPENSATION FOR PARTIAL DISABILITY FROM SILICOSIS.
Section 72-445 - COMPENSATION FOR TOTAL DISABILITY OR DEATH FROM COMPLICATED SILICOSIS.
Section 72-446 - NONDISABLING SILICOSIS — COMPENSATION UPON SEVERANCE FROM EMPLOYMENT.
Section 72-447 - RECURRING DERMATITIS.
Section 72-448 - NOTICE AND LIMITATIONS.