00                             HOUSE BILL NO. 274                                                                          
01 "An Act relating to workers' compensation; and providing for an effective date."                                        
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 23.30.095(e) is amended to read:                                                                  
04            (e)  The employee shall, after an injury, at reasonable times during the                                     
05       continuance of the disability, if requested by the employer or when ordered by the                                
06       board, submit to an examination by a physician or surgeon of the employer's choice                                
07       authorized to practice medicine under the laws of the jurisdiction in which the                                   
08       examination occurs [PHYSICIAN RESIDES], furnished and paid for by the                                         
09       employer.  The employer may not make more than one change in the employer's                                       
10       choice of a physician or surgeon without the written consent of the employee.                                     
11       Referral to a specialist by the employer's physician is not considered a change in                                
12       physicians.  An examination requested by the employer not less than 14 days after                                 
13       injury, and every 60 days thereafter, shall be presumed to be reasonable, and the                                 
14       employee shall submit to the examination without further request or order by the                                  
15       board.  Unless medically appropriate, the physician shall use existing diagnostic data                            
01       to complete the examination.  Facts relative to the injury or claim communicated to or                            
02       otherwise learned by a physician or surgeon who may have attended or examined the                                 
03       employee, or who may have been present at an examination are not privileged, either                               
04       in the hearings provided for in this chapter or an action to recover damages against an                           
05       employer who is subject to the compensation provisions of this chapter.  If an                                    
06       employee refuses to submit to an examination provided for in this section, the                                    
07       employee's rights to compensation shall be suspended until the obstruction or refusal                             
08       ceases, and the employee's compensation during the period of suspension may, in the                               
09       discretion of the board or the court determining an action brought for the recovery of                            
10       damages under this chapter, be forfeited.  The board in any case of death may require                             
11       an autopsy at the expense of the party requesting the autopsy.  An autopsy may not be                             
12       held without notice first being given to the widow or widower or next of kin if they                              
13       reside in the state or their whereabouts can be reasonably ascertained, of the time and                           
14       place of the autopsy and reasonable time and opportunity given the widow or widower                               
15       or next of kin to have a representative present to witness the autopsy.  If adequate                              
16       notice is not given, the findings from the autopsy may be suppressed on motion made                               
17       to the board or to the superior court, as the case may be.                                                        
18    * Sec. 2.  AS 23.30.110 is amended by adding a new subsection to read:                                             
19            (i)  Notwithstanding (c) of this section, upon request by a party, the board or                              
20       the board's designee may schedule an expedited hearing if the board or the board's                                
21       designee determines that the claim involves an issue of medical treatment and an                                  
22       expedited hearing is necessary to avoid physical harm to the employee.                                            
23    * Sec. 3.  This Act takes effect July 1, 2001.