September 28, 2005, Introduced by Reps. Mortimer, Gaffney, Hune, Byrnes, Wojno and Vander Veen and referred to the Committee on Employment Relations, Training, and Safety.
A bill to amend 1969 PA 317, entitled
"Worker's disability compensation act of 1969,"
by amending sections 385 and 865 (MCL 418.385 and 418.865), section
385 as amended by 1985 PA 103.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 385. After the employee has given notice of injury and
from time to time thereafter during the continuance of his or her
disability,
if so requested by the employer or the carrier, he or
she
the employee shall submit himself or herself to an examination
by
a physician or surgeon authorized to practice medicine under
the
laws of the or a certified
nurse practitioner, licensed or
certified to practice in this state, furnished and paid for by the
employer or the carrier. If an examination relative to the injury
is made, the employee or his or her attorney shall be furnished,
within 15 days of a request, a complete and correct copy of the
report
of every such physical examination relative to the injury
performed by the physician or certified nurse practitioner making
the examination on behalf of the employer or the carrier. The
employee shall have the right to have a physician or certified
nurse practitioner provided and paid for by himself or herself
present
at the examination. If he or she the employee refuses to
submit himself or herself for the examination, or in any way
obstructs the same, his or her right to compensation shall be
suspended and his or her compensation during the period of
suspension may be forfeited. Any physician or certified nurse
practitioner who makes or is present at any such the examination
may
be required to testify under oath as to the results thereof
of the examination. If the employee has had other physical
examinations relative to the injury but not at the request of the
employer
or the carrier, he or she the employee shall furnish
to
the employer or the carrier a complete and correct copy of the
report
of each such physical examination, if so
requested,
within 15 days of the request. If a party fails to provide a
medical report regarding an examination or medical treatment, that
party shall be precluded from taking the medical testimony of that
physician or certified nurse practitioner only. The opposing party
may, however, elect to take the deposition of that physician or
certified nurse practitioner.
Sec.
865. The bureau workers'
compensation agency may
appoint a
duly qualified an impartial physician or certified
nurse practitioner to examine the injured employee and to report
the
results of that examination. The fee
for this service shall be
is
$5.00 and traveling expenses, but the bureau
workers'
compensation agency may allow additional reasonable amounts in
extraordinary cases.