5 U.S.C. § 8123

Physical examinations

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(a) An employee shall submit to examination by a medical officer of the United States, or by a physician designated or approved by the Secretary of Labor, after the injury and as frequently and at the times and places as may be reasonably required. The employee may have a physician designated and paid by him present to participate in the examination. If there is disagreement between the physician making the examination for the United States and the physician of the employee, the Secretary shall appoint a third physician who shall make an examination.(b) An employee is entitled to be paid expenses incident to an examination required by the Secretary which in the opinion of the Secretary are necessary and reasonable, including transportation and loss of wages incurred in order to be examined. The expenses, when authorized or approved by the Secretary, are paid from the Employees’ Compensation Fund.(c) The Secretary shall fix the fees for examinations held under this section by physicians not employed by or under contract to the United States to furnish medical services to employees. The fees, when authorized or approved by the Secretary, are paid from the Employees’ Compensation Fund.(d) If an employee refuses to submit to or obstructs an examination, his right to compensation under this subchapter is suspended until the refusal or obstruction stops. Compensation is not payable while a refusal or obstruction continues, and the period of the refusal or obstruction is deducted from the period for which compensation is payable to the employee.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 544.)

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes and Statutes at Large
	5 U.S.C. 771.	Sept. 7, 1916, ch. 458, § 21, 39 Stat. 747.
		June 26, 1926, ch. 695, § 2, 44 Stat. 772.
	5 U.S.C. 772.	Sept. 7, 1916, ch. 458, § 22, 39 Stat. 747.
	5 U.S.C. 773(a).	Sept. 7, 1916, ch. 458, § 23, 39 Stat. 747.
		June 26, 1926, ch. 695, § 3, 44 Stat. 772.
		Oct. 14, 1949, ch. 691, § 208 “Sec. 23(a)”, 63 Stat. 865.

In subsections (a) and (c), the words “duly qualified” in former sections 771 and 772 are omitted as unnecessary in view of the definition of “physician” in section 8101.

In subsection (c) the words “fees for examinations” in former section 773(a) are substituted for “fees or examinations” since the word “or” was erroneously in the 1949 amendment. The words “any sum payable to the employee under section 771 of this title” in former section 773(a) are omitted as unnecessary because the same provision appeared in former section 771, which is carried into subsection (b).

Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Notes of Decisions

Cited in 20 cases (1 in the last 5 years), 1987–2024 · leading case: Gibbs v. United States, 865 F. Supp. 2d 1127 (M.D. Fla. 2012).

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Gibbs v. United States, 865 F. Supp. 2d 1127 (M.D. Fla. 2012). · cites it 6× “to recover disability benefits Plaintiff loss [sic] as a direct result of improper actions taken against Plaintiff: including but not limited to retaliation against Plaintiff for demanding his legal rights under 5 U.S.C. §§ 8123 (d) and 5596.” Id. at ¶¶2, 7 .”

Brown v. Perez, 835 F.3d 1223 (10th Cir. 2016). “5 U.S.C. § 8123 (a); see also 20 C.F.R. § 10.”

Nurriddin v. Acosta, 327 F. Supp. 3d 147 (D.C. Cir. 2018). · cites it 2× “5 U.S.C. § 8123 (d) ; see also id. § 8123(a) (requiring claimants to submit to a medical examination "after the injury and as frequently and at the times and places as may be reasonably required").”

Cleopatra McDougal v. Alexis M. Herman, Sec'y, U.S. Dep't of Labor, 184 F.3d 207 (3rd Cir. 1999). · cites it 3× “The OWCP purported to act pursuant to the provisions of 5 U.S.C. § 8123 (a), which provides: “If there is disagreement between the physician making the examination for the United States [Dr.”

Lepre v. Dep't of Labor, 275 F.3d 59 (D.C. Cir. 2001). “” 5 U.S.C. § 8123 (a). “If the employee refuses to submit to or obstructs an examination, his right to compensation is suspended until the refusal or obstruction stops.”

United States v. Vazquez-Soto, 939 F.3d 365 (1st Cir. 2019). “" 5 U.S.C. § 8123 (a). - 3 - doctors, selected by the OWC, and each recommended that he could continue working with a reduced schedule and accommodations.”

Ramirez v. Koromilas, 199 F. App'x 302 (5th Cir. 2006). · cites it 3× “It explained that unless Ramirez submitted his reasons for not attending the evaluations within fourteen days of the date of the letter, his benefits would be suspended under 5 U.S.C. § 8123 (d). Ramirez provided no explanation for his failure to attend either evaluation;…”

Patricio Hernandez-Cordero & Maria Guadalupe Ortega De Hernandez v. United States Immigr. & Naturalization Serv., 819 F.2d 558 (5th Cir. 1987). “5 U.S.C. § 8123 (b) (1982) (“in the opinion of the Secretary [of Labor]”).”

Avedis v. Herman, 25 F. Supp. 2d 256 (S.D.N.Y. 1998). · cites it 5× “seq, contending that the Secretary violated the FECA by terminating his benefits based on one physician’s findings without sending him to a referee medical examination in violation of 5 U.S.C. § 8123 (a) and that the Secretary’s actions unconstitutionally deprived him of…”

Burnice Stackhouse v. Dist. of Columbia Dep't of Emp. Servs., 111 A.3d 636 (D.C. 2015). “174, 174-76 (1985) (interpreting 5 U.S.C. § 8123 (d) (2012)). As the ECAB explained, “The plain meaning of this [provision] is that compensation for the period during which an employee refuses to undergo a reasonably requested medical examination by the Office is forfeited.”

Cleopatra McDougal v. Alexis M. Herman, Sec'y, U.S. Dep't of Labor, 161 F.3d 198 (3rd Cir. 1998). · cites it 4× “The OWCP purported to act pursuant to the provisions of 5 U.S.C. § 8123 (a), which provides: “If there is disagreement between the physician making the examination for the United States [Dr.”

In Re the Marriage of Geigle, 920 P.2d 251 (Wash. Ct. App. 1996). “3 5 U.S.C. § 8123 ; see also 5 U.S.C. § 8128 ("The Secretary of Labor may review an award for or against payment of compensation at any time .”

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— 5 U.S.C. § 8123(d) — 1 case

Gibbs v. United States, 865 F. Supp. 2d 1127 (M.D. Fla. 2012). “to recover disability benefits Plaintiff loss [sic] as a direct result of improper actions taken against Plaintiff: including but not limited to retaliation against Plaintiff for demanding his legal rights under 5 U.S.C. §§ 8123 (d) and 5596.” Id. at ¶¶2, 7 .”

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