Illinois General Assembly - Illinois Compiled Statutes

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820 ILCS 310/12

(820 ILCS 310/12) (from Ch. 48, par. 172.47)

Sec. 12.

(a) 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 occupational disease and the disability
therefrom suffered 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 physician or surgeon
engaged by the employer, and the employee has no physician or surgeon
present at such examination, it shall be the duty of the physician or
surgeon making the examination at the instance of the employer to
deliver to the employee, or his representative, a statement in writing
of the examination and findings to the same extent that said physician
or 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 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 physician or surgeon refuses to furnish the employee
with such statement to the same extent as that furnished the employer
said physician or 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 payment
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 physicians or surgeons treating an employee
who is likely to die, and treating him at the instance of the employer,
to have called in another physician or surgeon to be designated and paid
for by either the employee or by the person or persons who would become
his beneficiary or beneficiaries, to make an examination before the
death of such employee.

In all cases where the examination is made by a physician or surgeon
engaged by the employee, and the employer has no physician or surgeon
present at such examination, it shall be the duty of the physician or
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 examination and findings to the same
extent that said physician or 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 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 physician or surgeon
refuses to furnish the employer with such statement to the same extent
as that furnished the employee, said physician or surgeon shall not be
permitted to testify at the hearing next following said examination.

(b) Whenever, after the death of an employee, any party in interest
files an application for adjustment of claim under this Act, and it
appears that an autopsy may disclose material evidence as to whether or
not such death was due to the inhalation of silica or asbestos dust, the
commission, upon petition of either party, may order an autopsy at the
expense of the party requesting same, and if such autopsy is so ordered,
the commission shall designate a competent pathologist to perform the
same, and shall give the parties in interest such reasonable notice of
the time and place thereof as will afford a reasonable opportunity to
witness such autopsy in person or by a representative.

It shall be the duty of such pathologist to perform such autopsy as,
in his best judgment, is required to ascertain the cause of death. Such
pathologist shall make a complete written report of all his findings to
the commission (including laboratory results described as such, if any).
The said report of the pathologist shall contain his findings on
post-mortem examination and said report shall not contain any conclusion
of the said pathologist based upon the findings so reported.

Said report shall be placed on file with the commission, and shall be
a public record. Said report, or a certified copy thereof, may be
introduced by either party on any hearing as evidence of the findings
therein stated, but shall not be conclusive evidence of such findings,
and either party may rebut any part thereof.

Where an autopsy has been performed at any time with the express or
implied consent of any interested party, and without some opposing
party, if known or reasonably ascertainable, having reasonable notice of
and reasonable opportunity of witnessing the same, all evidence obtained
by such autopsy shall be barred upon objection at any hearing. This
paragraph shall not apply to autopsies by a coroner's physician in the
discharge of his official duties.

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