cost of examination -- Effect of employee's refusal -- Statement of earnings to
be furnished at request of party.
(1) After an injury and so long as compensation is claimed, the employee, if requested
by a party or by the administrative law judge, shall submit himself or herself to
examination, at a reasonable time and place, to a duly-qualified physician or
surgeon designated and paid by the requesting party. The employee shall have the
right to have a duly-qualified physician or surgeon designated and paid by himself
or herself present at the examination, but this right shall not deny the requesting
party's physician or surgeon the right to examine the injured employee at all
reasonable times and under all reasonable conditions.
(2) The party requesting an examination pursuant to subsection (1) of this section shall
make arrangements to provide all the cost of the examination. The requesting party
shall also prepay the cost of transportation of the employee to and from the
examination if public transportation is utilized. If the employee uses his or her own
vehicle to travel to and from the examination, the requesting party shall prepay the
employee at the state mileage rate. The requesting party shall also reimburse the
employee for the cost of meals, lodging, parking, and toll charges upon proof of
same by written voucher. The amounts prepaid or reimbursed by the requesting
party, as required by this subsection, shall be the same as, and in accordance with,
state travel administrative regulations and standards promulgated and established
pursuant to KRS Chapter 45.
(3) If an employee refuses to submit himself or herself to or in any way obstructs the
examination, his or her right to take or prosecute any proceedings under this chapter
shall be suspended until the refusal or obstruction ceases. No compensation shall be
payable for the period during which the refusal or obstruction continues.
(4) Any employee receiving benefits under this chapter may be required, upon request
of any party, to furnish a sworn affirmed statement of earnings and other supporting
information the administrative law judge may require.
(5) The cabinet shall supply forms for the report.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1796, effective July 15, 2010. --
Amended 2000 Ky. Acts ch. 514, sec. 9, effective July 14, 2000. -- Amended 1996
(1st Extra. Sess.) Ky. Acts ch. 1, sec. 57, effective December 12, 1996. -- Amended
1994 Ky. Acts ch. 181, Part 15, sec. 78, effective April 4, 1994. -- Amended 1990
Ky. Acts ch. 382, sec. 1, effective July 13, 1990. -- Amended 1987 (1st Extra. Sess.)
Ky. Acts ch. 1, sec. 22, effective January 4, 1988. -- Amended 1980 Ky. Acts ch.
104, sec. 9, effective July 15, 1980. -- Recodified 1942 Ky. Acts ch. 208, sec. 1,
effective October 1, 1942, from Ky. Stat. sec. 4918.
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1943–2022 · leading case:
Finke v. Comair, Inc., 489 S.W.3d 242 (Ky. Ct. App. 2016).
Finke v. Comair, Inc., 489 S.W.3d 242 (Ky. Ct. App. 2016).
· cites it 19× “ompelling reason for having a family member present during the IME; that the ALJ committed reversible error by ordering forfeiture of all benefits as opposed to suspension of benefits; and finally, that the ALJ committed reversible error in commencing the forfeiture of her…”
Livingood v. Transfreight, LLC, 467 S.W.3d 249 (Ky. 2015).
“” Where an employee refuses to submit to or obstructs an independent medical exam, KRS 342.205(3) provides that “his or her right to take or prosecute any proceedings under this chapter shall be suspended until the refusal or obstruction ceases.”
B.L. Radden & Sons, Inc. v. Copley, 891 S.W.2d 84 (Ky. Ct. App. 1995).
“KRS 342.205(3) specifically provides the following penalty under these circumstances: If an employee refuses to submit himself to or in any way obstructs such examination his right to take or prosecute any proceedings under this chapter shall be suspended until the refusal or…”
Jerry's Drive In, Inc. v. Young, 335 S.W.2d 321 (Ky. Ct. App. 1960).
“KRS 342.205 provides that the injured person must submit to examination by a designated physician or surgeon at reasonable times and places if a request is properly made, and that failure to do so shall deprive him of compensation during the period of such failure.”
C & L Constr. v. Cannon, 884 S.W.2d 647 (Ky. 1994).
“Similarly, KRS 342.205 requires the injured employee to submit to examination- upon the employer’s request, and provides for reimbursement of related travel expenses.”
E. & L. Transp. Co. v. Hayes, 341 S.W.2d 240 (Ky. Ct. App. 1960).
“Appellant argues that despite the fact that Hayes had submitted to a neurological examination by one doctor of its choice, it had the unqualified right under KRS 342.205 to require him to submit to further examinations.”
Stearns Coal & Lumber Co. v. Roberts, 168 S.W.2d 573 (Ky. Ct. App. 1943).
“Relying upon the provisions of KRS 342.205 (Carroll’s Kentucky Statutes, section 4918), that if an employee refuses to submit himself to examination at reasonable time and places to a duly qualified physician or surgeon designated and paid by the employer, no compensation shall…”
Tractor Supply v. Patricia Wells (Ky. 2022).
“035(3) which bars compensation when a claimant’s injury is aggravated or continued by an unreasonable failure to follow surgical or medical advice; KRS 342.205(3) which bars recovery if a claimant refuses to submit to an independent medical exam; and KRS 342.”
— Ky. Rev. Stat. § 342.205(1) — 1 case
Finke v. Comair, Inc., 489 S.W.3d 242 (Ky. Ct. App. 2016).
“ompelling reason for having a family member present during the IME; that the ALJ committed reversible error by ordering forfeiture of all benefits as opposed to suspension of benefits; and finally, that the ALJ committed reversible error in commencing the forfeiture of her…”
— Ky. Rev. Stat. § 342.205(3) — 4 cases
Finke v. Comair, Inc., 489 S.W.3d 242 (Ky. Ct. App. 2016).
“ompelling reason for having a family member present during the IME; that the ALJ committed reversible error by ordering forfeiture of all benefits as opposed to suspension of benefits; and finally, that the ALJ committed reversible error in commencing the forfeiture of her…”
Livingood v. Transfreight, LLC, 467 S.W.3d 249 (Ky. 2015).
“” Where an employee refuses to submit to or obstructs an independent medical exam, KRS 342.205(3) provides that “his or her right to take or prosecute any proceedings under this chapter shall be suspended until the refusal or obstruction ceases.”
B.L. Radden & Sons, Inc. v. Copley, 891 S.W.2d 84 (Ky. Ct. App. 1995).
“KRS 342.205(3) specifically provides the following penalty under these circumstances: If an employee refuses to submit himself to or in any way obstructs such examination his right to take or prosecute any proceedings under this chapter shall be suspended until the refusal or…”
Tractor Supply v. Patricia Wells (Ky. 2022).
“035(3) which bars compensation when a claimant’s injury is aggravated or continued by an unreasonable failure to follow surgical or medical advice; KRS 342.205(3) which bars recovery if a claimant refuses to submit to an independent medical exam; and KRS 342.”
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