2005 Idaho Code - 72-433 — SUBMISSION OF INJURED EMPLOYEE TO MEDICAL EXAMINATION OR PHYSICAL REHABILITATION

                                  TITLE  72
                      WORKER'S COMPENSATION AND RELATED
                        LAWS -- INDUSTRIAL COMMISSION
                                  CHAPTER 4
                                   BENEFITS
    72-433.  SUBMISSION OF INJURED EMPLOYEE TO MEDICAL EXAMINATION OR PHYSICAL
REHABILITATION. (1) After an injury or contraction of an occupational disease
and during the period of disability the employee, if requested by the employer
or ordered by the commission, shall submit himself for examination at
reasonable times and places to a duly qualified physician or surgeon. The
employee shall be reimbursed for his expenses of necessary travel and
subsistence in submitting himself for any such examination and for loss of
wages, if any. For purposes of this section, the reimbursement for loss of
wages shall be at the employee's then current rate of pay if the employee is
then working; otherwise, such reimbursement shall be at the total temporary
disability rate.  Reimbursement for travel expenses, if the employee utilizes
a private vehicle, shall be at the mileage rate allowed by the state board of
examiners for state employees; provided, however, that the employee shall not
be reimbursed for the first fifteen (15) miles of any round trip, nor for
traveling any round trip distance of fifteen (15) miles or less. Such distance
shall be calculated by the shortest practical route of travel.
    (2)  The employee shall have the right to have a physician or surgeon
designated and paid by himself present at an examination by a physician or
surgeon so designated by the employer. Such right, however, shall not be
construed to deny the employer's designated physician or surgeon the right to
visit the injured employee during reasonable times and under all reasonable
conditions during disability. The employee and the examining physician shall
have the right to have an audio recording of any examination, but may have a
video recording only if the examining physician and the employee consent.
    (3)  At any time after injury, if an injured employee be sent to a
facility approved by the commission for physical or vocational rehabilitation,
the employee shall be furnished by the employer reasonable travel
accommodations to and from such facility and if the injured employee is an
outpatient in a physical rehabilitation facility, he shall be paid daily
subsistence as the commission may authorize to cover reasonable expenses of
board, lodging and transportation. Reimbursement for transportation expense,
if the employee utilizes a private vehicle, shall be at the mileage rate
allowed by the state board of examiners for state employees; provided however,
that the employee shall not be reimbursed for the first fifteen (15) miles of
any round trip, nor for traveling any round trip distance of fifteen (15)
miles or less. Such distance shall be calculated by the shortest practical
route of travel.