Idaho Code

Idaho Code § 72-433 (2026)

Submission of injured employee to medical examination or physical rehabilitation.

✓ current as of May 2026

Find cases: SyfertCases citing this section IClegislature.idaho.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 18 cases (4 in the last 5 years), 1980–2025 · leading case: Moser v. Rosauers Supermarkets, Inc., 443 P.3d 147 (Idaho 2019).

Sort: Relevance Newest Treatment

Moser v. Rosauers Supermarkets, Inc., 443 P.3d 147 (Idaho 2019). · cites it 36× “NATURE OF THE CASE Miranda Moser appeals an Idaho Industrial Commission ("Commission") order on her petition for declaratory ruling that considered whether an employer could compel an injured worker to attend an Idaho Code section 72-433 medical examination without first…”

Hewson v. Asker's Thrift Shop, 814 P.2d 424 (Idaho 1991). · cites it 22× “The statute simply guarantees the right of an employee to attend a compelled medical examination with a physician of his or her choice. Thus, we hold the maxim suggested by the surety and the Industrial Commission does not apply in this case.”

Arreola v. Scentsy, Inc., 531 P.3d 1148 (Idaho 2023). · cites it 19× “Arreola’s petition and motion disputed these private conclusions by the Surety. Arreola 1 also maintained that only the Commission has the authority to adjudicate the underlying medical exam dispute and determine whether there is a factual basis to execute the enforcement…”

Kelly v. Blue Ribbon Linen Supply, Inc., 360 P.3d 333 (Idaho 2015). · cites it 24× “After all, rather than arrange an Idaho Code § 72-433 exam at a time and place more convenient to Claimant, surety arranged for an exam far removed from Claimant’s residence, at a time of year that would expose her to dangerous conditions while traveling.”

Brewer v. La Crosse Health & Rehab, 71 P.3d 458 (Idaho 2003). · cites it 14× “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____” Section 72-434, Idaho Code, states: If an injured…”

Saint Alphonsus Diversified Care, Inc. v. MRI Assocs., LLP, 224 P.3d 1068 (Idaho 2010). · cites it 4× “It then dismissed the employee's case for refusing to submit to the examination, and she appealed.”

Haldiman v. Am. Fine Foods, 793 P.2d 187 (Idaho 1990). · cites it 8× “I.C. § 72-433(3) (1989) provides: 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…”

Sykes v. C. P. Clare & Co., 605 P.2d 939 (Idaho 1980). · cites it 4× “[1] *945 Idaho Code § 72-433 (1) provides, in relevant part, that "[a]fter 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…”

Poss v. Meeker Mach. Shop, 712 P.2d 621 (Idaho 1985). · cites it 4× “[3] I.C. § 72-433(2) allows the employee the right to have a physician or surgeon present at an examination designated by the surety or employer, however, the employee is responsible for the expenses incurred.”

Gibson v. Ada Cnty. Sheriff's Off., 211 P.3d 100 (Idaho 2009). · cites it 2× “Cynthia Brownsmith, pursuant to I.C. § 72-433. After unsuccessfully resisting the evaluation, Gibson was examined by Dr.”

Sund v. Gambrel, 896 P.2d 329 (Idaho 1995). · cites it 2× “However, Sund was entitled to certain medical benefits from Industrial Indemnity under I.C. § 72-433. With regard to the 1989 injury, the referee found that on September 4, 1989, Sund suffered an injury resulting in an additional permanent physical impairment of five percent of…”

Coray v. Idaho Reg'l Hand & Upper Extremity Ctr. (Idaho 2024). · cites it 51× “Reading section 72-433 and section 72-434 together to place the burden on the employer to prove the reasonableness of its requested IME protects the employee against multiple unwarranted (and potentially intrusive) examinations.”

Show all 18 citing cases →

— Idaho Code § 72-433(1) — 7 cases

Arreola v. Scentsy, Inc., 531 P.3d 1148 (Idaho 2023). “Arreola’s petition and motion disputed these private conclusions by the Surety. Arreola 1 also maintained that only the Commission has the authority to adjudicate the underlying medical exam dispute and determine whether there is a factual basis to execute the enforcement…”

Brewer v. La Crosse Health & Rehab, 71 P.3d 458 (Idaho 2003). “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____” Section 72-434, Idaho Code, states: If an injured…”

Moser v. Rosauers Supermarkets, Inc., 443 P.3d 147 (Idaho 2019). “NATURE OF THE CASE Miranda Moser appeals an Idaho Industrial Commission ("Commission") order on her petition for declaratory ruling that considered whether an employer could compel an injured worker to attend an Idaho Code section 72-433 medical examination without first…”

Coray v. Idaho Reg'l Hand & Upper Extremity Ctr. (Idaho 2024). “Reading section 72-433 and section 72-434 together to place the burden on the employer to prove the reasonableness of its requested IME protects the employee against multiple unwarranted (and potentially intrusive) examinations.”

Moser v. Rosauers (Idaho 2019).

— Idaho Code § 72-433(2) — 3 cases

Poss v. Meeker Mach. Shop, 712 P.2d 621 (Idaho 1985). “[3] I.C. § 72-433(2) allows the employee the right to have a physician or surgeon present at an examination designated by the surety or employer, however, the employee is responsible for the expenses incurred.”

Sykes v. C. P. Clare & Co., 605 P.2d 939 (Idaho 1980). “[1] *945 Idaho Code § 72-433 (1) provides, in relevant part, that "[a]fter 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…”

— Idaho Code § 72-433(3) — 1 case

Haldiman v. Am. Fine Foods, 793 P.2d 187 (Idaho 1990). “I.C. § 72-433(3) (1989) provides: 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…”

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.