Illinois Compiled Statutes
820 ILCS 305/12 (2026)
An employee entitled to receive disability payments shall be required, if requested by the employer, to submit himself, at the expense of the employer, for examination to a duly qualified medical practitioner or surgeon selected by the employer, at any time and place reasonably convenient for the employee, either within or without the State of Illinois, for the purpose of determining the nature, extent and probable duration of the injury received by the employee, and for the purpose of ascertaining the amount of compensation which may be due the employee from time to time for disability according to the provisions of this Act
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(820 ILCS 305/12)
(from Ch. 48, par. 138.12)
Sec. 12. An employee entitled to receive disability payments shall be
required, if requested by the employer, to submit himself, at the
expense of the employer, for examination to a duly qualified medical
practitioner or surgeon selected by the employer, at any time and place
reasonably convenient for the employee, either within or without the
State of Illinois, for the purpose of determining the nature, extent and
probable duration of the injury received by the employee, and for the
purpose of ascertaining the amount of compensation which may be due the
employee from time to time for disability according to the provisions of
this Act. An employee may also be required to submit himself for examination
by medical experts under subsection (c) of Section 19.
An employer requesting such an examination, of an employee residing
within the State of Illinois, shall deliver to the employee with the notice of the time and place of examination sufficient money to defray the necessary expense of
travel by the most convenient means to and from the place of
examination, and the cost of meals necessary during the trip, and if the
examination or travel to and from the place of examination causes any
loss of working time on the part of the employee, the employer shall
reimburse him for such loss of wages upon the basis of his average daily
wage. Such examination shall be made in the presence of a duly qualified
medical practitioner or surgeon provided and paid for by the employee,
if such employee so desires.
In all cases where the examination is made by a surgeon engaged by
the employer, and the injured employee has no surgeon present at such
examination, it shall be the duty of the surgeon making the examination
at the instance of the employer to deliver to the injured employee, or
his representative, a statement in writing of the condition and extent
of the injury to the same extent that said surgeon reports to the
employer and the same shall be an exact copy of that furnished to the
employer, said copy to be furnished the employee, or his representative
as soon as practicable but not later than 48 hours before the time the
case is set for hearing. Such delivery shall be made in person either to
the employee or his representative, or by registered mail to either, and
the receipt of either shall be proof of such delivery. If such surgeon
refuses to furnish the employee with such statement to the same extent
as that furnished the employer said surgeon shall not be permitted to
testify at the hearing next following said examination.
If the employee refuses so to submit himself to examination or
unnecessarily obstructs the same, his right to compensation payments
shall be temporarily suspended until such examination shall have taken
place, and no compensation shall be payable under this Act for such
period.
It shall be the duty of surgeons treating an injured employee who is
likely to die, and treating him at the instance of the employer, to have
called in another surgeon to be designated and paid for by either the
injured employee or by the person or persons who would become his
beneficiary or beneficiaries, to make an examination before the death of
such injured employee.
In all cases where the examination is made by a surgeon engaged by
the injured employee, and the employer has no surgeon present at such
examination, it shall be the duty of the surgeon making the examination
at the instance of the employee, to deliver to the employer, or his
representative, a statement in writing of the condition and extent of
the injury to the same extent that said surgeon reports to the employee
and the same shall be an exact copy of that furnished to the employee,
said copy to be furnished the employer, or his representative, as soon
as practicable but not later than 48 hours before the time the case is
set for hearing. Such delivery shall be made in person either to the
employer, or his representative, or by registered mail to either, and
the receipt of either shall be proof of such delivery. If such surgeon
refuses to furnish the employer with such statement to the same extent
as that furnished the employee, said surgeon shall not be permitted to
testify at the hearing next following said examination.
(Source: P.A. 94-277, eff. 7-20-05.)
Notes of Decisions
Cited in 39
cases (3 in the last 5 years), 1995–2026 · leading case: R.D. Masonry, Inc. v. Indus. Comm'n, 830 N.E.2d 584 (Ill. 2005).
R.D. Masonry, Inc. v. Indus. Comm'n, 830 N.E.2d 584 (Ill. 2005). “JUSTICE THOMAS delivered the opinion of the court: The main issue presented by this appeal is whether claimant was an “employee entitled to receive disability benefits” within the meaning of section 12 of the Workers’ Compensation Act (the Act) (820 ILCS 305/12 (West 1998)), so…”
King v. Indus. Comm'n, 724 N.E.2d 896 (Ill. 2000). “The narrow question presented is whether a claimant who has been awarded permanent total disability under section 8(f) of the Act (820 ILCS 305/8(f) (West 1996)) may later be required to submit to an employer-requested medical examination under section 12 of the Act (820 ILCS…”
King v. Illinois Indus. Com'n, 704 N.E.2d 715 (Ill. App. Ct. 1998). “The narrow issue presented by this case is whether, as a matter of law, section 12 of the Workers' Compensation Act (Act) (820 ILCS 305/12 (West 1996)) may be applied so as to require a claimant, for whom the Commission has made an award of permanent total disability (PTD), to…”
Paz v. Commonwealth Edison, 732 N.E.2d 696 (Ill. App. Ct. 2000). “An employee entitled to receive disability payments is required to submit himself for examination by a qualified doctor, at the employer's request and expense, to determine the nature and extent of the employee's injury and to ascertain the amount of compensation that may be due…”
City of Chicago v. Illinois Workers' Comp. Comm'n, 899 N.E.2d 1247 (Ill. App. Ct. 2008). “820 ILCS 305/12 (2002)(Emphasis added). The facts in the instant matter are not in dispute.”
Barakat v. Matz, 648 N.E.2d 1033 (Ill. App. Ct. 1995). “(820 ILCS 305/12 (West 1992).) The Act further provides that the examining doctor has a duty "to deliver to the injured employee, or his representative, a statement in writing of the condition and extent of the injury to the same extent that said surgeon reports to the employer…”
Anders v. Indus. Comm'n, 773 N.E.2d 746 (Ill. App. Ct. 2002). “” 820 ILCS 305/12 (West 2000). The Commission found (1) claimant never received the train ticket, (2) the $50 tendered by respondent was insufficient to cover claimant’s travel expenses, and (3) it was unreasonable to schedule an examination so far from claimant’s home when…”
First Cash Fin. Servs. v. Indus. Comm'n, 853 N.E.2d 799 (Ill. App. Ct. 2006). “Justice HOFFMAN delivered the opinion of the court: First Cash Financial Services (First Cash) appeals from an order of the Circuit *802 Court of Cook County confirming a decision of the Industrial Commission (Commission), now known as the Illinois Workers' Compensation…”
Mulligan v. Illinois Workers' Comp. Comm'n, 946 N.E.2d 421 (Ill. App. Ct. 2011). “The central issue in this appeal concerns the requirement in section 12 of the Illinois Workers' Compensation Act (820 ILCS 305/12 (West 2008)) (the Act), that the proponent of medical testimony furnish a report of the medical expert to the other party at least "48 hours before…”
Hosteny v. Illinois Workers' Comp. Comm'n, 928 N.E.2d 474 (Ill. App. Ct. 2009). “Respondent’s section 12 (see 820 ILCS 305/12 (West 2004)) examining physician, Dr.”
Ghere v. Indus. Comm'n, 663 N.E.2d 1046 (Ill. App. Ct. 1996). “Climaco could not testify as to causal connection because his opinions on causation were not furnished to the appellee 48 hours before the arbitration hearing, pursuant to section 12 of the Illinois Workers’ Compensation Act (Act) (820 ILCS 305/12 (West 1994)). The pertinent…”
Menard v. Illinois Workers' Comp. Comm'n, 940 N.E.2d 1159 (Ill. App. Ct. 2010). “03 WC 03802) alleging that she sustained an injury to her back in February 2000 while preparing to travel home from an independent medical evaluation (see 820 ILCS 305/12 (West 1998)) related to the claim filed in April 1999.”
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