The exercise of this right of an examination shall not be allowed to delay the timely payment of benefits or scheduled hearings nor be used to cause undue hardship on the injured worker. The cost of any examination initiated by employer shall be paid by the employer including any fee required by the physician, and the payment of all of the injured worker's traveling and meal expenses, in a manner and at the rates as established by the administrator from time to time. If employed, the injured worker will also be compensated for any loss of wages arising from the scheduling of an examination. All reasonable expenses shall be paid by the employer immediately upon receipt of the billing, and the employer shall provide the injured worker at the time that the employer notifies the injured worker of the time and place of the examination with a proper form to be completed by the injured worker for reimbursement of such expenses. The employer shall reimburse the injured worker for lost wages within thirty days of the submission of proof of lost wages.
The employer shall promptly inform the commission, as well as the injured worker's representative, as to the time and place of the examination, and the questions and information provided to the doctor. A copy of the examination report shall be submitted to the commission and to the injured worker's representative upon the employer's receipt of the report from the doctor.
The procedure set forth in paragraph (A)(6)(a) of this rule shall be applicable to claims where the date of injury or the date of disability in occupational disease claims occur on or after August 22, 1986.
Emergency treatment does not constitute an employer's examination for the purpose of this rule. Treatment by a physician whom the employer has selected does not constitute an employer's examination for this rule. However, if following an examination the physician whom the employer has selected renders, at the request of the employer, an opinion as to causation, extent of disability, or other medical opinion on a workers' compensation matter that is asserted by the injured worker, or which is to be considered by the commission, then that examination does constitute an examination for purposes of this rule, and the employer would not be entitled to a second examination on the same issue excepted as provided by this rule.
Upon receipt of such written request of the employer, the hearing administrator shall contact the parties to the claim and determine whether the second medical examination is essential to the defense of the claim by the employer. The hearing administrator will thereafter issue a compliance letter advising the parties of whether the medical examination scheduled pursuant to this section is permitted. A party dissatisfied with the compliance letter issued under paragraph (A)(6) of this rule may file an objection within fourteen days of receipt of the compliance letter. If a party files a timely objection to a compliance letter issued under paragraph (A)(6) of this rule, an expedited hearing will be held by a staff hearing officer in five business days of the commission's receipt of the objection.
All reasonable expenses of such examination, including any travel expense shall be paid by the employer within thirty days of the receipt of the billing. Payment for traveling expenses shall not require an order of the bureau or commission, unless there is a dispute. The employer shall provide the injured worker with a proper form to be completed by the claimant for reimbursement for traveling expenses. The employer shall reimburse the injured worker for lost wages within thirty days of the submission of proof of lost wages.
If a witness who has been issued a subpoena fails to appear, the hearing administrator shall certify this fact to the office of the attorney general who shall take appropriate action to compel the witness to obey the subpoena.
Written decisions, shall be signed by the adjudicator(s) who conducted the hearing. When schedules or traveling do not permit a hearing officer to sign his orders, another hearing officer will be designated to sign the order. The designated signer should ensure that the order conforms to the hearing worksheet of the hearing officer that made the decision. If a designated signer has a question regarding the contents of the order, the order must be returned to the hearing officer that made the decision prior to its publication.
Ohio Admin. Code 4121-3-09
Five Year Review (FYR) Dates: 2/1/2027
Promulgated Under: 119.03
Statutory Authority: 4121.30, 4121.31, 4121.36, 4123.53, 4123.651
Rule Amplifies: 4121.36, 4123.651
Prior Effective Dates: 01/01/1965, 10/09/1976, 01/10/1978, 12/11/1978, 11/26/1979, 08/22/1986 (Emer.), 11/17/1986 (Emer.), 02/16/1987, 07/03/1995, 09/23/1996 (Emer.), 01/17/1997, 04/01/2004, 06/01/2008, 08/19/2013, 04/27/2017