
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8123]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 8123. Physical examinations

    (a) An employee shall submit to examination by a medical officer of 
the United States, or by a physician designated or approved by the 
Secretary of Labor, after the injury and as frequently and at the times 
and places as may be reasonably required. The employee may have a 
physician designated and paid by him present to participate in the 
examination. If there is disagreement between the physician making the 
examination for the United States and the physician of the employee, the 
Secretary shall appoint a third physician who shall make an examination.
    (b) An employee is entitled to be paid expenses incident to an 
examination required by the Secretary which in the opinion of the 
Secretary are necessary and reasonable, including transportation and 
loss of wages incurred in order to be examined. The expenses, when 
authorized or approved by the Secretary, are paid from the Employees' 
Compensation Fund.
    (c) The Secretary shall fix the fees for examinations held under 
this section by physicians not employed by or under contract to the 
United States to furnish medical services to employees. The fees, when 
authorized or approved by the Secretary, are paid from the Employees' 
Compensation Fund.
    (d) If an employee refuses to submit to or obstructs an examination, 
his right to compensation under this subchapter is suspended until the 
refusal or obstruction stops. Compensation is not payable while a 
refusal or obstruction continues, and the period of the refusal or 
obstruction is deducted from the period for which compensation is 
payable to the employee.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 544.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 771.                 Sept. 7, 1916, ch.
                                                    458, Sec.  21, 39
                                                    Stat. 747.
                     ............................  June 26, 1926, ch.
                                                    695, Sec.  2, 44
                                                    Stat. 772.
                     5 U.S.C. 772.                 Sept. 7, 1916, ch.
                                                    458, Sec.  22, 39
                                                    Stat. 747.
                     5 U.S.C. 773(a).              Sept. 7, 1916, ch.
                                                    458, Sec.  23, 39
                                                    Stat. 747.
                     ............................  June 26, 1926, ch.
                                                    695, Sec.  3, 44
                                                    Stat. 772.
                     ............................  Oct. 14, 1949, ch.
                                                    691, Sec.  208
                                                    ``Sec. 23(a)'', 63
                                                    Stat. 865.
------------------------------------------------------------------------

    In subsections (a) and (c), the words ``duly qualified'' in former 
sections 771 and 772 are omitted as unnecessary in view of the 
definition of ``physician'' in section 8101.
    In subsection (c) the words ``fees for examinations'' in former 
section 773(a) are substituted for ``fees or examinations'' since the 
word ``or'' was erroneously in the 1949 amendment. The words ``any sum 
payable to the employee under section 771 of this title'' in former 
section 773(a) are omitted as unnecessary because the same provision 
appeared in former section 771, which is carried into subsection (b).
    Administration of this subchapter was transferred to the Secretary 
of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see 
section 8145).
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                  Section Referred to in Other Sections

    This section is referred to in section 8146 of this title.
