00                       CS FOR HOUSE BILL NO. 274(L&C)                                                                    
01 "An Act relating to the qualification of a physician used for an employer's independent                                 
02 medical examination and to the authority of the Alaska Workers' Compensation Board                                      
03 to provide an expedited hearing when an employee needs medical treatment; and                                           
04 providing for an effective date."                                                                                       
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1.  AS 23.30.095(e) is amended to read:                                                                  
07            (e)  The employee shall, after an injury, at reasonable times during the                                     
08       continuance of the disability, if requested by the employer or when ordered by the                                
09       board, submit to an examination by a physician or surgeon of the employer's choice                                
10       authorized to practice medicine under the laws of the jurisdiction in which the                                   
11       examination occurs [PHYSICIAN RESIDES], furnished and paid for by the                                         
12       employer.  The employer may not make more than one change in the employer's                                       
13       choice of a physician or surgeon without the written consent of the employee.                                     
14       Referral to a specialist by the employer's physician is not considered a change in                                
01       physicians.  An examination requested by the employer not less than 14 days after                                 
02       injury, and every 60 days thereafter, shall be presumed to be reasonable, and the                                 
03       employee shall submit to the examination without further request or order by the                                  
04       board.  Unless medically appropriate, the physician shall use existing diagnostic data                            
05       to complete the examination.  Facts relative to the injury or claim communicated to or                            
06       otherwise learned by a physician or surgeon who may have attended or examined the                                 
07       employee, or who may have been present at an examination are not privileged, either                               
08       in the hearings provided for in this chapter or an action to recover damages against an                           
09       employer who is subject to the compensation provisions of this chapter.  If an                                    
10       employee refuses to submit to an examination provided for in this section, the                                    
11       employee's rights to compensation shall be suspended until the obstruction or refusal                             
12       ceases, and the employee's compensation during the period of suspension may, in the                               
13       discretion of the board or the court determining an action brought for the recovery of                            
14       damages under this chapter, be forfeited.  The board in any case of death may require                             
15       an autopsy at the expense of the party requesting the autopsy.  An autopsy may not be                             
16       held without notice first being given to the widow or widower or next of kin if they                              
17       reside in the state or their whereabouts can be reasonably ascertained, of the time and                           
18       place of the autopsy and reasonable time and opportunity given the widow or widower                               
19       or next of kin to have a representative present to witness the autopsy.  If adequate                              
20       notice is not given, the findings from the autopsy may be suppressed on motion made                               
21       to the board or to the superior court, as the case may be.                                                        
22    * Sec. 2.  AS 23.30.110 is amended by adding a new subsection to read:                                             
23            (i)  Notwithstanding (c) of this section, upon request by a party, the board or                              
24       the board's designee may schedule an expedited hearing if the board or the board's                                
25       designee determines that the claim involves an issue of medical treatment and an                                  
26       expedited hearing is necessary to avoid physical harm to the employee.                                            
27    * Sec. 3.  This Act takes effect July 1, 2002.