Refusal of medical examination; effect

44-518. Refusal of medical examination; effect. If the employee refuses to submit to an examination upon request of the employer as provided for in K.S.A. 44-515 and amendments thereto or if the employee or the employee's health care provider unnecessarily obstructs or prevents such examination by the health care provider of the employer, the employee's right to payment of compensation shall be suspended until the employee submits to an examination and until such examination is completed. No compensation shall be payable under the workers compensation act during the period of suspension. If the employee refuses to submit to an examination while any proceedings are pending for the purpose of determining the amount of compensation due, such proceedings shall be dismissed upon showing being made of the refusal of the employee to submit to an examination. History: L. 1927, ch. 232, § 17; L. 1990, ch. 182, § 8; July 1. Source or prior law: L. 1911, ch. 218, § 20; L. 1917, ch. 226, § 8; R.S. 1923, 44-518. Law Review and Bar Journal References: Survey of law of workmen's compensation, Thomas M. Van Cleave, Jr., 12 K.L.R. 364 (1963). "Discovery Techniques in Workmen's Compensation: Largely Undiscovered?" Robert Fowks, 42 J.B.A.K. 83, 84, 87 (1973). "Workers' Compensation: The Exclusive Remedy Rule Is Alive and Well in Kansas [Hormann v. New Hampshire Insurance Co., 236 Kan. 190, 689 P.2d 837 (1984)]," Janet K. Kerr, 25 W.L.J. 192, 199 (1985). "Workers Compensation Review," Jan L. Fisher, Editor, J.K.T.L.A. Vol. 27, No. 4, 18 (2004). CASE ANNOTATIONS Explanation, see Revisor's Note under article title, chapter 44, article 5. 1. Workman not required to submit to examination when no application for a change in compensation is pending. Bentley v. State Department of Social Welfare, 187 Kan. 340, 343, 356 P.2d 791 (1960). 2. Employee refused to submit to medical examination unreasonably requested by employer; right to compensation not suspended. Zimmerman v. O'Neill Tank Co., 188 Kan. 306, 309, 310, 311, 362 P.2d 10 (1961). 3. Section not applied when no proceedings for compensation pending. Lenon v. Standard Oil Co., 134 Kan. 289, 292, 5 P.2d 853 (1931). 4. Workman's right to compensation suspended upon refusal to submit to examination; trial authorized to be had nevertheless; act amended since. Chippeaux v. Western Coal and Mining Co., 124 Kan. 475, 478, 260 P. 625 (1927). 5. Employee must submit to medical treatment or lose his benefits during the period that he refuses to submit to non-dangerous medical treatment; dictum. Taylor v. Centex Construction Co., 191 Kan. 130, 136, 379 P.2d 217 (1963). 6. Whether refusal to submit to operation is unreasonable is a question of fact. Everitt v. Haldeman-Julius Pub. Co., 124 Kan. 115, 118, 257 P. 939 (1927). 7. Reduction of award based upon refusal to submit to treatment must be based upon evidence proving refusal unreasonable; finding of reasonableness supported by evidence not disturbed on appeal. Morgan v. Sholom Drilling Co., 199 Kan. 156, 160, 427 P.2d 448 (1967). 8. Denial of disability welfare benefits for refusal to submit to medical examination on religious grounds not abridgment of religious freedom hereunder. Powers v. State Department of Social Welfare, 208 Kan. 605, 616, 493 P.2d 590 (1972). 9. Failure to submit to examination by employer's physician because claimant was in jail not a refusal to go to examination. Neal v. Hy-Vee, Inc., 277 Kan. 1, 81 P.3d 425 (2003). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026