44-516.
Medical examination by neutral healthcare provider.
(a) Prior to the commencement of a prehearing settlement conference as required by K.S.A. 44-523(c), and amendments thereto, if the parties have not agreed upon a neutral healthcare examination or a neutral healthcare provider pursuant to subsection (c), the administrative law judge may appoint one neutral healthcare provider, who shall be of good standing and ability, to address diagnosis, treatment recommendations and temporary restrictions of the injury. The neutral healthcare provider selected by the administrative law judge pursuant to this section shall make such examination of the injured employee and shall issue a written report that shall be admitted into evidence in the matter without additional foundation.
(b) The appointed neutral healthcare provider shall not address the injured worker's permanent restrictions, impairment, permanent partial disability, job task loss, wage loss or permanent total disability status in any written report pursuant to subsection (a). Nothing in this section shall prevent the appointed neutral healthcare provider from addressing these issues if such healthcare provider is subsequently designated as the authorized treating healthcare provider.
(c) Nothing in this section shall prevent the parties from agreeing to a neutral healthcare examination by a neutral healthcare provider who shall be appointed by the administrative law judge. The neutral healthcare provider agreed upon by the parties shall issue a written report who shall be admitted into evidence in such matter without additional foundation.
(d) Any charges or costs levied by the neutral healthcare provider due to unreasonable late cancellation or missed appointment with the neutral healthcare provider may be taxed by the administrative law judge against the party responsible for the cancellation or missed appointment.
History:
L. 1927, ch. 232, § 16; L. 1957, ch. 293, § 3; L. 1969, ch. 246, § 2; L. 1974, ch. 203, § 24; L. 1990, ch. 182, § 7; L. 2000, ch. 160, § 10; L. 2011, ch. 55, § 15; L. 2024, ch. 27, § 14; July 1.
Notes of Decisions
Griffin v. Dodge City Coop. Exch., 927 P.2d 958 (Kan. Ct. App. 1996).
“K.S.A. 1992 Supp. 44-516. Griffin cites to nothing in the Workers Compensation Act which requires an employer to return an employee to work clearly beyond his medical restrictions.”
Winters v. GNB Battery Tech., 927 P.2d 512 (Kan. Ct. App. 1996).
· cites it 3× “GNB argues the ALJ’s order incorrectly referred to K.S.A. 44-516. GNB states the proper provision for appointment of a neutral physician, at least in this case, is K.”
Bradshaw v. Eagle Picher Lead Co., 247 P. 644 (Kan. 1926).
· cites it 2× “” Section 44-516 reads: “In case of a dispute as to the injury, the committee, or arbitrator as hereinafter provided, or the judge of the district court shall have the power to employ a neutral physician of good standing and ability, whose duty it shall be, at the expense of the…”
Chippeaux v. W. Coal & Mining Co., 260 P. 625 (Kan. 1927).
· cites it 2× “And plaintiff at this time offers to submit himself for examination, as required by section 44-516 of the Revised Statutes of 1923, under the workmen’s compensation law of the state of Kansas, and the plaintiff' further offers to submit to an examination by any physicians of the…”
Weaver v. Unified Gov't of Wyandotte Cnty. (Kan. Ct. App. 2023).
“See K.S.A. 44-516(b) ("If at least two medical opinions based on competent medical evidence disagree as to the percentage of functional impairment, such matter may be referred by the administrative law judge to an independent health care provider who shall be agreed upon by the…”
Martinez v. Haverkamp Bros. Inc. (Kan. Ct. App. 2026).
“7 Additional Medical Examinations The ALJ issued orders in October 2021 and December 2022 for additional medical examinations by neutral physicians under K.S.A. 44-516. The ALJ appointed Dr. Robert Gardiner for the first examination and Dr.”
— K.S.A. § 44-516(b) — 1 case
Weaver v. Unified Gov't of Wyandotte Cnty. (Kan. Ct. App. 2023).
“See K.S.A. 44-516(b) ("If at least two medical opinions based on competent medical evidence disagree as to the percentage of functional impairment, such matter may be referred by the administrative law judge to an independent health care provider who shall be agreed upon by the…”
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.