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2019 New Hampshire Revised Statutes
Title XXIII - Labor
Chapter 281-A - Workers' Compensation
Section 281-A:38 - Medical Examinations.
Universal Citation: NH Rev Stat § 281-A:38 (2019)
281-A:38 Medical Examinations. –
I. Any employee entitled to receive weekly payments or medical benefits under this chapter shall, if requested by the employer or ordered by the commissioner, submit himself or herself for examination by a duly qualified health care provider, in accordance with professional standards as established by the commissioner, and paid by the employer at a time and place reasonably convenient for the employee. The employee shall have the right to have a health care provider designated and paid by himself or herself present at such examination. This right, however, shall not be construed to deny to the employer's health care provider the right to visit the injured employee at all reasonable times and under all reasonable conditions, so long as the employee claims compensation under this chapter.
II. Any health care provider conducting independent medical examinations under this chapter shall be certified by the appropriate specialty board as recognized by the American Board of Medical Specialties or obtain the approval of the commissioner for those specialties not recognized by such board. The health care provider shall maintain a current practice in that area of specialty. The independent medical examination shall take place within a 50-mile radius of the residence of the injured employee, unless, within the discretion of the commissioner, examination outside the 50-mile radius is necessary to obtain the services of a provider who specializes in the evaluation and treatment specific to the nature and extent of the employee's injury. If an employer or insurance carrier provides written notice to the injured employee regarding its request for an independent medical examination, such notice shall be given 10 days before the examination and shall include the following: "This medical examination is at the request of either the employer or insurance carrier. The examination is not for the purpose of treatment or advice about treatment but for a medical opinion about the employee's claim." The injured employee shall not be required to submit to more than 2 independent medical examinations per year, unless within the discretion of the commissioner, more than 2 examinations are necessary. An injured employee shall have the right to have a witness present during such examination. In the event that a witness is present, including but not limited to a witness taking notes or observing, on behalf of the injured employee, the witness shall not interfere in the examination in any way. The injured employee shall be required to sign an authorization, as prepared by the commissioner, to the effect that he or she understands that his or her medical history and condition or conditions will be discussed during said examination and that he or she waives any right to privacy that he or she may have under the circumstances of voluntarily allowing a witness to be present on his or her behalf.
I. Any employee entitled to receive weekly payments or medical benefits under this chapter shall, if requested by the employer or ordered by the commissioner, submit himself or herself for examination by a duly qualified health care provider, in accordance with professional standards as established by the commissioner, and paid by the employer at a time and place reasonably convenient for the employee. The employee shall have the right to have a health care provider designated and paid by himself or herself present at such examination. This right, however, shall not be construed to deny to the employer's health care provider the right to visit the injured employee at all reasonable times and under all reasonable conditions, so long as the employee claims compensation under this chapter.
II. Any health care provider conducting independent medical examinations under this chapter shall be certified by the appropriate specialty board as recognized by the American Board of Medical Specialties or obtain the approval of the commissioner for those specialties not recognized by such board. The health care provider shall maintain a current practice in that area of specialty. The independent medical examination shall take place within a 50-mile radius of the residence of the injured employee, unless, within the discretion of the commissioner, examination outside the 50-mile radius is necessary to obtain the services of a provider who specializes in the evaluation and treatment specific to the nature and extent of the employee's injury. If an employer or insurance carrier provides written notice to the injured employee regarding its request for an independent medical examination, such notice shall be given 10 days before the examination and shall include the following: "This medical examination is at the request of either the employer or insurance carrier. The examination is not for the purpose of treatment or advice about treatment but for a medical opinion about the employee's claim." The injured employee shall not be required to submit to more than 2 independent medical examinations per year, unless within the discretion of the commissioner, more than 2 examinations are necessary. An injured employee shall have the right to have a witness present during such examination. In the event that a witness is present, including but not limited to a witness taking notes or observing, on behalf of the injured employee, the witness shall not interfere in the examination in any way. The injured employee shall be required to sign an authorization, as prepared by the commissioner, to the effect that he or she understands that his or her medical history and condition or conditions will be discussed during said examination and that he or she waives any right to privacy that he or she may have under the circumstances of voluntarily allowing a witness to be present on his or her behalf.
Source. 1988, 194:2. 1994, 3:12. 1996, 231:1. 2005, 94:1, eff. Aug. 6, 2005. 2010, 227:1, eff. Jan. 1, 2011. 2013, 256:1, eff. Jan. 1, 2014.
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