Idaho Code
Idaho Code § 72-434 (2026)
Effect of refusing medical examination — Discontinuance of compensation.
✓ current as of May 2026
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Effect of refusing medical examination — Discontinuance of compensation.
If an injured employee unreasonably fails to submit to or in any way obstructs an examination by a physician or surgeon designated by the commission or the employer, the injured employee’s right to take or prosecute any proceedings under this law shall be suspended until such failure or obstruction ceases, and no compensation shall be payable for the period during which such failure or obstruction continues.
Notes of Decisions
Cited in 9
cases (4 in the last 5 years), 1991–2025 · leading case: Arreola v. Scentsy, Inc., 531 P.3d 1148 (Idaho 2023).
Arreola v. Scentsy, Inc., 531 P.3d 1148 (Idaho 2023). “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 mechanisms in Idaho Code section 72-434.”
Hewson v. Asker's Thrift Shop, 814 P.2d 424 (Idaho 1991). “As a result of Hewson declining to submit to an evaluation without either the presence of her former husband or the use of a tape recorder, the surety determined Hewson was uncooperative and her actions obstructed the panel evaluation, and terminated her benefits pursuant to…”
Brewer v. La Crosse Health & Rehab, 71 P.3d 458 (Idaho 2003). “Old Republic examined the report and, based on the physician’s inability to illicit complete information from Brewer, Old Republic alleged that Brewer obstructed the IME in violation of I.C. § 72-434. Therefore, Old Republic discontinued Brewer’s benefits.”
Moser v. Rosauers Supermarkets, Inc., 443 P.3d 147 (Idaho 2019). “Such an interpretation would conflict with Idaho Code section 72-434, which provides that if an injured employee "unreasonably" fails to submit to a section 72-433 examination "the injured employee's right to take or prosecute *151 any proceedings under this law shall be…”
Kelly v. Blue Ribbon Linen Supply, Inc., 360 P.3d 333 (Idaho 2015). “I.C. § 72-434. In our view, Kelly’s situation is analogous to two situations where compensation is available to the worker: the special errand and traveling employee exceptions to the coming and going rule.”
Coronado v. City of Boise (Idaho 2025). “I.C. § 72-434. Nevertheless, the Commission found that, based on the evidence before it, “no suspension was ever carried out in relation to this statement.”
Coronado v. City of Boise (Idaho 2025). “I.C. § 72-434. Nevertheless, the Commission found that, based on the evidence before it, “no suspension was ever carried out in relation to this statement.”
Coray v. Idaho Reg'l Hand & Upper Extremity Ctr. (Idaho 2024). “Section 72-434 sets forth the consequences to an employee who unreasonably fails to attend an IME: If an injured employee unreasonably fails to submit to or in any way obstructs an examination by a physician or surgeon designated by the commission or the employer, the injured…”
Moser v. Rosauers (Idaho 2019). “Such an interpretation would conflict with Idaho Code section 72- 434, which provides that if an injured employee “unreasonably” fails to submit to a section 72- 433 examination “the injured employee’s right to take or prosecute any proceedings under this law shall be suspended…”
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