While a Missouri workers’ compensation is pending, the injured worker shall attend a reasonable medical examination at the request of the employer’s insurer. Missouri law states specifically:
“After an employee has received an injury he shall from time to time thereafter during disability submit to reasonable medical examination at the request of the employer, the employer’s insurer, the commission, the division, an administrative law judge, or the attorney general on behalf of the second injury fund if the employer has not obtained a medical examination report, the time and place of which shall be fixed with due regard to the convenience of the employee and his physical condition and ability to attend. The employee may have his own physician present, and if the employee refuses to submit to the examination, or in any way obstructs it, his right to compensation shall be forfeited during such period unless in the opinion of the commission the circumstances justify the refusal or obstruction.” See Missouri Law RSMo 287.210: https://revisor.mo.gov/main/OneSection.aspx?section=287.210&bid=15071&hl=287.210%u2044
The injured worker may have to submit to more than medical examination at the request of the employer’s insurer. This usually occurs when an authorized doctor recommends surgery or a specific medical procedure. The worker’s compensation insurer then requests a medical examination by another doctor to dispute the necessity of the recommended procedure. Most judges will allow the employer/insurer to obtain another medical examination in this situation.
An injured worker is not entitled to obtain a second opinion from another doctor. If you are unhappy with the doctor that is chosen by the workers’ compensation insurance company, and you want to obtain an opinion from your own doctor, then the employer/insurer does not have to pay for and provide you with another doctor. The employer/insurer may in good faith send you to another doctor for a second opinion, but this is rare. If an injured worker wants to obtain medical treatment from their own doctor while under the care of an authorized workers’ compensation doctor, then the injured worker will have to pay to see their own doctor.
By Steven Edelman, Attorney
If you’ve been injured at work, then please immediately contact our law firm, and one of our skilled attorneys will be happy to discuss your rights and benefits under workers’ compensation law. Call us for a free consultation: 314-631-6777
Steven Edelman, Attorney