287.210. Physical examination of employee--exchange of medical records--admissibility of physician's, coroner's records--autopsy may be ordered. - Missouri Statutes

Physical examination of employee--exchange of medicalrecords--admissibility of physician's, coroner's records--autopsymay be ordered.

287.210. 1. After an employee has received an injury he shall fromtime to time thereafter during disability submit to reasonable medicalexamination at the request of the employer, his insurer, the commission,the division or an administrative law judge, the time and place of whichshall be fixed with due regard to the convenience of the employee and hisphysical condition and ability to attend. The employee may have his ownphysician present, and if the employee refuses to submit to theexamination, or in any way obstructs it, his right to compensation shall beforfeited during such period unless in the opinion of the commission thecircumstances justify the refusal or obstruction.

2. The commission, the division or administrative law judge shall,when deemed necessary, appoint a duly qualified impartial physician toexamine the injured employee, and any physician so chosen, if he acceptsthe appointment, shall promptly make the examination requested and make acomplete medical report to the commission or the division in suchduplication as to provide all parties with copies thereof. The physician'sfee shall be fair and reasonable, as provided in subsection 3 of section287.140, and the fee and other reasonable costs of the impartialexamination may be paid as other costs under this chapter. If all theparties shall have had reasonable access thereto, the report of thephysician shall be admissible in evidence.

3. The testimony of any physician who treated or examined the injuredemployee shall be admissible in evidence in any proceedings forcompensation under this chapter, but only if the medical report of thephysician has been made available to all parties as in this sectionprovided. Immediately upon receipt of notice from the division or thecommission setting a date for hearing of a case in which the nature andextent of an employee's disability is to be determined, the parties ortheir attorneys shall arrange, without charge or costs, each to the other,for an exchange of all medical reports, including those made both bytreating and examining physician or physicians, to the end that the partiesmay be commonly informed of all medical findings and opinions. Theexchange of medical reports shall be made at least seven days before thedate set for the hearing and failure of any party to comply may be groundsfor asking for and receiving a continuance, upon proper showing by theparty to whom the medical reports were not furnished. If any party failsor refuses to furnish the opposing party with the medical report of thetreating or examining physician at least seven days before such physician'sdeposition or personal testimony at the hearing, as in this sectionprovided, upon the objection of the party who was not provided with themedical report, the physician shall not be permitted to testify at thathearing or by medical deposition.

4. Upon request, an administrative law judge, the division, or thecommission shall be provided with a copy of any medical report.

5. As used in this chapter the terms "physician's report" and"medical report" mean the report of any physician made on any printed formauthorized by the division or the commission or any complete medicalreport. As used in this chapter the term "complete medical report" meansthe report of a physician giving the physician's qualifications and thepatient's history, complaints, details of the findings of any and alllaboratory, X-ray and all other technical examinations, diagnosis,prognosis, nature of disability, if any, and an estimate of the percentageof permanent partial disability, if any. An element or elements of acomplete medical report may be met by the physician's records.

6. Upon the request of a party, the physician or physicians whotreated or are treating the injured employee shall be required to furnishto the parties a rating and complete medical report on the injuredemployee, at the expense of the party selecting the physician, along with acomplete copy of the physician's clinical record including copies of anyrecords and reports received from other health care providers.

7. The testimony of a treating or examining physician may besubmitted in evidence on the issues in controversy by a complete medicalreport and shall be admissible without other foundational evidence subjectto compliance with the following procedures. The party intending to submita complete medical report in evidence shall give notice at least sixty daysprior to the hearing to all parties and shall provide reasonableopportunity to all parties to obtain cross-examination testimony of thephysician by deposition. The notice shall include a copy of the report andall the clinical and treatment records of the physician including copies ofall records and reports received by the physician from other health careproviders. The party offering the report must make the physician availablefor cross-examination testimony by deposition not later than seven daysbefore the matter is set for hearing, and each cross-examiner shallcompensate the physician for the portion of testimony obtained in an amountnot to exceed a rate of reasonable compensation taking into considerationthe specialty practiced by the physician. Cross-examination testimonyshall not bind the cross-examining party. Any testimony obtained by theoffering party shall be at that party's expense on a proportional basis,including the deposition fee of the physician. Upon request of any party,the party offering a complete medical report in evidence must also makeavailable copies of X rays or other diagnostic studies obtained by orrelied upon by the physician. Within ten days after receipt of such noticea party shall dispute whether a report meets the requirements of a completemedical report by providing written objections to the offering partystating the grounds for the dispute, and at the request of any party, theadministrative law judge shall rule upon such objections upon pretrialhearing whether the report meets the requirements of a complete medicalreport and upon the admissibility of the report or portions thereof. If noobjections are filed the report is admissible, and any objections theretoare deemed waived. Nothing herein shall prevent the parties from agreeingto admit medical reports or records by consent. The provisions of thissubsection shall not apply to claims against the second injury fund.

8. Certified copies of the proceedings before any coroner holding aninquest over the body of any employee receiving an injury in the course ofhis employment resulting in death shall be admissible in evidence in anyproceedings for compensation under this chapter, and it shall be the dutyof the coroner to give notice of the inquest to the employer and thedependents of the deceased employee, who shall have the right tocross-examine the witness.

9. The division or the commission may in its discretion inextraordinary cases order a postmortem examination and for that purpose mayalso order a body exhumed.

(RSMo 1939 § 3738, A.L. 1957 p. 557, A.L. 1965 p. 397. A.L. 1980 H.B. 1396, A.L. 1990 S.B. 751, A.L. 1993 S.B. 251, A.L. 1998 H.B. 1237, et al.)

Prior revision: 1929 § 3348