§8123 — Title 5 Government Organization and Employees | U.S. Code

Summary

An injured employee must get a medical exam by a U.S. medical officer or a doctor the Secretary of Labor chooses, as often and where reasonably needed. The employee may have and pay their own doctor to be there. If the two doctors disagree, the Secretary will pick a third doctor to examine the employee. The Secretary can pay reasonable exam costs, like travel and lost wages, and sets fees for outside doctors. Approved payments come from the Employees’ Compensation Fund. If an employee refuses or blocks an exam, their compensation stops until they comply, and the time of refusal is taken out of the compensation period.

Title 5, §8123

Government Organization and Employees — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes 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 section 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.

§8123 Physical Examinations

Summary

Title 5, §8123

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata