Illinois General Assembly - Illinois Compiled Statutes

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820 ILCS 305/12

(820 ILCS 305/12) (from Ch. 48, par. 138.12)

Sec. 12.

An employee entitled to receive disability payments shall be
required, if requested by the employer, to submit himself, at the
expense of the employer, for examination to a duly qualified medical
practitioner or surgeon selected by the employer, at any time and place
reasonably convenient for the employee, either within or without the
State of Illinois, for the purpose of determining the nature, extent and
probable duration of the injury received by the employee, and for the
purpose of ascertaining the amount of compensation which may be due the
employee from time to time for disability according to the provisions of
this Act.  An employee may also be required to submit himself for examination
by medical experts under subsection (c) of Section 19.

An employer requesting such an examination, of an employee residing
within the State of Illinois, shall deliver to the employee with the notice of the time and place of examination sufficient money to defray the necessary expense of
travel by the most convenient means to and from the place of
examination, and the cost of meals necessary during the trip, and if the
examination or travel to and from the place of examination causes any
loss of working time on the part of the employee, the employer shall
reimburse him for such loss of wages upon the basis of his average daily
wage. Such examination shall be made in the presence of a duly qualified
medical practitioner or surgeon provided and paid for by the employee,
if such employee so desires.

In all cases where the examination is made by a surgeon engaged by
the employer, and the injured employee has no surgeon present at such
examination, it shall be the duty of the surgeon making the examination
at the instance of the employer to deliver to the injured employee, or
his representative, a statement in writing of the condition and extent
of the injury to the same extent that said surgeon reports to the
employer and the same shall be an exact copy of that furnished to the
employer, said copy to be furnished the employee, or his representative
as soon as practicable but not later than 48 hours before the time the
case is set for hearing. Such delivery shall be made in person either to
the employee or his representative, or by registered mail to either, and
the receipt of either shall be proof of such delivery. If such surgeon
refuses to furnish the employee with such statement to the same extent
as that furnished the employer said surgeon shall not be permitted to
testify at the hearing next following said examination.

If the employee refuses so to submit himself to examination or
unnecessarily obstructs the same, his right to compensation payments
shall be temporarily suspended until such examination shall have taken
place, and no compensation shall be payable under this Act for such
period.

It shall be the duty of surgeons treating an injured employee who is
likely to die, and treating him at the instance of the employer, to have
called in another surgeon to be designated and paid for by either the
injured employee or by the person or persons who would become his
beneficiary or beneficiaries, to make an examination before the death of
such injured employee.

In all cases where the examination is made by a surgeon engaged by
the injured employee, and the employer has no surgeon present at such
examination, it shall be the duty of the surgeon making the examination
at the instance of the employee, to deliver to the employer, or his
representative, a statement in writing of the condition and extent of
the injury to the same extent that said surgeon reports to the employee
and the same shall be an exact copy of that furnished to the employee,
said copy to be furnished the employer, or his representative, as soon
as practicable but not later than 48 hours before the time the case is
set for hearing. Such delivery shall be made in person either to the
employer, or his representative, or by registered mail to either, and
the receipt of either shall be proof of such delivery. If such surgeon
refuses to furnish the employer with such statement to the same extent
as that furnished the employee, said surgeon shall not be permitted to
testify at the hearing next following said examination.

(Source: P.A. 94-277, eff. 7-20-05.)