20 C.F.R. § 10.320

Can OWCP require an employee to be examined by another physician?

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

OWCP sometimes needs a second opinion from a medical specialist. The employee must submit to examination by a qualified physician as often and at such times and places as OWCP considers reasonably necessary. The employee may have a qualified physician, paid by him or her, present at such examination. However, the employee is not entitled to have anyone else present at the examination unless there is rationalized medical evidence that establishes that someone else is needed in the room or OWCP decides that exceptional circumstances exist. Where an employee requires an accommodation, such as where a hearing-impaired employee needs an interpreter, the presence of an interpreter will be allowed. Also, OWCP may send a case file for second opinion review where actual examination is not needed, or where the employee is deceased.

Notes of Decisions
Cited in 2 cases, 1996–2014 · leading case: Wacks v. Reich, 950 F. Supp. 454 (D. Conn. 1996).
Wacks v. Reich, 950 F. Supp. 454 (D. Conn. 1996). · cites it 2× “20 C.F.R. § 10.320 (b) provides in pertinent part: "An individual is with fault in the creation of an overpayment who .”
Barry S. Rogers v. United States Postal Serv. (MSPB 2014). “IAF, Tab 8 at 68-73; see 20 C.F.R. §§ 10.320 , .321(b) (discussing OWCP’s authority to order medical examinations).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.