Mass. Gen. Laws » Part I Title XXI Chapter 152
Massachusetts General Laws

Mass. Gen. Laws ch. 152, § 45 (2026)

Examination by physician; filing copy of report; refusing or obstructing examination; reimbursement of travel expenses and wages

✓ current as of July 2026
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Section 45. After an employee has received an injury, and from time to time thereafter during the continuance of his disability he shall, if requested by the insurer or insured, submit to an examination by a registered physician, furnished and paid for by the insurer or the insured. The employee may have a physician provided and paid for by himself present at the examination. If a physician provided by the employee is not present at the examination, it shall be the duty of the insurer to file with the division a copy of the report of its examining physician or physicians if and when such report is to be used as the basis of any order by the division. If the employee refuses to submit to the examination or in any way obstructs it, his right to compensation shall be suspended, and his compensation during the period of suspension may be forfeited. The employee's right to compensation shall also be suspended during any period the employee refuses the insurer's written request that the employee be evaluated by a vocational rehabilitation specialist within the department. This written request may occur only once every six months.

If the injured employee, at the request of the insurer or the division undergoes medical examination or treatment such employee shall be reimbursed by the insurer for reasonable travel expense incidental thereto and for any loss of wages as a result thereof in like manner as though he were disabled under the provisions of this chapter. Such payments shall not be construed as an admission of liability by the insurer in those cases where the liability has not been assumed by it. If the amount of such reimbursement is not agreed upon by the parties, it may be determined by a hearing as provided under section twelve.

Notes of Decisions
Cited in 6 cases, 1930–2011 · leading case: Higgins's Case, 948 N.E.2d 1228 (Mass. 2011).
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Higgins's Case, 948 N.E.2d 1228 (Mass. 2011). · cites it 9× “In connection with that claim, the self-insurer, Massachusetts Education and Government Association (self-insurer), requested that the employee submit to a medical examination pursuant to G. L. c. 152, § 45. The employee sought to compel discovery of the medical report of that…”
Mard v. Town of Amherst, 350 F.3d 184 (1st Cir. 2003). · cites it 2× “2 Mass. Gen. Laws ch. 152, § 45 . However, section 45 of the latter statute similarly provides for independent medical examinations of injured employees, the results of which may be used in subsequent decisions concerning the employee’s eligibility for compensation.”
Scheffler's Case, 643 N.E.2d 1023 (Mass. 1994). “after due notice and without cause, and failure to submit to such examiner all relevant medical records, medical reports, medical histories, and any other relevant information requested without good reason, shall constitute sufficient cause for suspension of benefits pursuant to…”
Paradoa v. CNA Ins., 672 N.E.2d 127 (Mass. App. Ct. 1996). “152, § 45, to require that recipients of benefits submit to follow-up medical examinations, at the insurer’s expense, to determine whether any change in the disabling physical condition of the employee had occurred. CNA made its request to have Paradoa examined through Preferred…”
Paglieranis's Case, 170 N.E. 72 (Mass. 1930). “It relies on G. L. c. 152, § 45, which provides for an examination of an injured employee “from time to time” after his injury.”
Rivera v. H. B. Smith Co., 537 N.E.2d 1270 (Mass. App. Ct. 1989). “This requirement does not in any way preclude the right of the insurer, self-insurer, and compensation agents to require and employee to submit to physical examination at reasonable times and places within the purview of [G. L. c. 152, § 45]” The 1944 circular was reissued in…”
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