85.39 Examination of injured employees.
1. After an injury, the employee, if requested by the employer, shall submit for examination at some reasonable time and place and as often as reasonably requested, to a physician or physicians authorized to practice under the laws of this state or another state, without cost to the employee; but if the employee requests, the employee, at the employee’s own cost, is entitled to have a physician or physicians of the employee’s own selection present to participate in the examination. If an employee is required to leave work for which the employee is being paid wages to attend the requested examination, the employee shall be compensated at the employee’s regular rate for the time the employee is required to leave work, and the employee shall be furnished transportation to and from the place of examination, or the employer may elect to pay the employee the reasonable cost of the transportation. The refusal of the employee to submit to the examination shall forfeit the employee’s right to any compensation for the period of the refusal. Compensation shall not be payable for the period of refusal.
2. If an evaluation of permanent disability has been made by a physician retained by the employer and the employee believes this evaluation to be too low, the employee shall, upon application to the commissioner and upon delivery of a copy of the application to the employer and its insurance carrier, be reimbursed by the employer the reasonable fee for a subsequent examination by a physician of the employee’s own choice, and reasonably necessary transportation expenses incurred for the examination. The physician chosen by the employee has the right to confer with and obtain from the employer-retained physician sufficient history of the injury to make a proper examination. An employer is only liable to reimburse an employee for the cost of an examination conducted pursuant to this subsection if the injury for which the employee is being examined is determined to be compensable under this chapter or chapter 85A or 85B. An employer is not liable for the cost of such an examination if the injury for which the employee is being examined is determined not to be a compensable injury. A determination of the reasonableness of a fee for an examination made pursuant to this subsection, shall be based on the typical fee charged by a medical provider to perform an impairment rating in the local area where the examination is conducted.
[S13, §2477-m11; C24, 27, 31, 35, 39, §1399; C46, 50, 54, 58, 62, §85.39; C66, 71, 73, 75, §85.34(2), 85.39; C77, 79, 81, §85.39; 82 Acts, ch 1161, §15]
2017 Acts, ch 23, §15, 24
2017 amendment applies to injuries occurring on or after July 1, 2017;
2017 Acts, ch 23, §24
Structure Iowa Code
Title III - PUBLIC SERVICES AND REGULATION
Chapter 85 - WORKERS’ COMPENSATION
Section 85.1 - Inapplicability of chapter.
Section 85.2 - Public employees — chapter compulsory.
Section 85.3 - Acceptance presumed — notice to nonresident employers.
Section 85.16 - Willful injury — intoxication.
Section 85.18 - Contract to relieve not operative.
Section 85.20 - Rights of employee exclusive.
Section 85.21 - Payments concerning liability disputes.
Section 85.22 - Liability of others — subrogation.
Section 85.23 - Notice of injury — failure to give.
Section 85.24 - Form of notice.
Section 85.25 - Service of notice.
Section 85.26 - Limitation of actions — who may maintain action.
Section 85.27 - Services — release of information — charges — payment — debt collection prohibited.
Section 85.28 - Burial expense.
Section 85.29 - Liability in case of no dependents.
Section 85.30 - Maturity date and interest.
Section 85.31 - Death cases — dependents.
Section 85.32 - When compensation begins.
Section 85.33 - Temporary total and temporary partial disability.
Section 85.34 - Permanent disabilities.
Section 85.36 - Basis of computation.
Section 85.37 - Compensation schedule.
Section 85.38 - Reduction of obligations of employer.
Section 85.39 - Examination of injured employees.
Section 85.40 - Statement of earnings.
Section 85.41 - Refusal to furnish statement.
Section 85.42 - Conclusively presumed dependent.
Section 85.43 - Payment to spouse.
Section 85.44 - Payment to actual dependents.
Section 85.47 - Basis of commutation.
Section 85.48 - Partial commutation.
Section 85.49 - Trustees for minors and dependents.
Section 85.50 - Report of trustee.
Section 85.51 - Alien dependents in foreign country.
Section 85.52 - Consular officer as trustee.
Section 85.53 - Notice to consular officer.
Section 85.54 - Contracts to avoid compensation.
Section 85.55 - Franchisor-franchisee relationship.
Section 85.56 - Employees in interstate commerce.
Section 85.59 - Benefits for inmates and offenders.
Section 85.62 - Inmates of county jail.
Section 85.64 - Limitation of benefits.
Section 85.65 - Payments to second injury fund.
Section 85.65A - Payments to second injury fund — surcharge on employers.
Section 85.66 - Second injury fund — creation — custodian.
Section 85.67 - Administration of fund — special counsel — payment of award.
Section 85.68 - Actions — collection of payments — subrogation.
Section 85.69 - Federal contributions.
Section 85.71 - Injury outside of state.
Section 85.72 - Claims for benefits made outside of state — restrictions — credit.