Code Section Group

Labor Code - LAB


  ( Heading of Division 4 amended by Stats. 1979, Ch. 373. )


  ( Part 1 enacted by Stats. 1937, Ch. 90. )

CHAPTER 7. Medical Examinations [4050 - 4068]
  ( Chapter 7 enacted by Stats. 1937, Ch. 90. )


Whenever the right to compensation under this division exists in favor of an employee, he shall, upon the written request of his employer, submit at reasonable intervals to examination by a practicing physician, provided and paid for by the employer, and shall likewise submit to examination at reasonable intervals by any physician selected by the administrative director or appeals board or referee thereof.

(Amended by Stats. 1965, Ch. 1513.)


The request or order for the medical examination shall fix a time and place therefor, due consideration being given to the convenience of the employee and his physical condition and ability to attend at the time and place fixed.

(Enacted by Stats. 1937, Ch. 90.)


The employee may employ at his own expense a physician, to be present at any examination required by his employer.

(Enacted by Stats. 1937, Ch. 90.)


So long as the employee, after written request of the employer, fails or refuses to submit to such examination or in any way obstructs it, his right to begin or maintain any proceeding for the collection of compensation shall be suspended.

(Enacted by Stats. 1937, Ch. 90.)


If the employee fails or refuses to submit to examination after direction by the appeals board, or a referee thereof, or in any way obstructs the examination, his right to the disability payments which accrue during the period of such failure, refusal or obstruction, shall be barred.

(Amended by Stats. 1965, Ch. 1513.)


Any physician who makes or is present at any such examination may be required to report or testify as to the results thereof.

(Enacted by Stats. 1937, Ch. 90.)


Any party who subpoenas records in any proceeding under this division shall concurrent with service of the subpoena upon the person who has possession of the records, send a copy of the subpoena to all parties of record in the proceeding.

(Amended by Stats. 1999, Ch. 444, Sec. 7. Effective January 1, 2000.)


No compensation is payable in case of the death or disability of an employee when his death is caused, or when and so far as his disability is caused, continued, or aggravated, by an unreasonable refusal to submit to medical treatment, or to any surgical treatment, if the risk of the treatment is, in the opinion of the appeals board, based upon expert medical or surgical advice, inconsiderable in view of the seriousness of the injury.

(Amended by Stats. 1965, Ch. 1513.)

LABLabor Code - LAB