65.2-607 - Medical examination; physician-patient privilege inapplicable; autopsy. - Virginia Statutes

§ 65.2-607. Medical examination; physician-patient privilege inapplicable;autopsy.

A. After an injury and so long as he claims compensation, the employee, if sorequested by his employer or ordered by the Commission, shall submit himselfto examination, at reasonable times and places, by a duly qualified physicianor surgeon designated and paid by the employer or the Commission. However, noemployer may obtain more than one examination per medical specialty withoutprior authorization from the Commission, based upon a showing of good causeor necessity. The employee shall have the right to have present at suchexamination any duly qualified physician or surgeon provided and paid by him.No fact communicated to, or otherwise learned by, any physician or surgeonwho may have attended or examined the employee, or who may have been presentat any examination, shall be privileged, either in hearings provided for bythis title, or any action at law brought to recover damages against anyemployer subject to the provisions of this title.

B. If the employee refuses to submit himself to or in any way obstructs suchexamination requested by and provided for by the employer, his right tocompensation and his right to take or prosecute any proceedings under thistitle shall be suspended until such refusal or objection ceases and nocompensation shall at any time be payable for the period of suspension unlessin the opinion of the Commission the circumstances justify the refusal orobstruction.

C. The employer or the Commission may in any case of death require an autopsyat the expense of the party requesting the same. Such autopsy shall beperformed upon order of the Commission, and anyone obstructing or interferingwith such autopsy shall be punished for contempt.

(Code 1950, § 65-88; 1968, c. 660, § 65.1-91; 1991, c. 355; 1993, c. 379.)