The Vermont Statutes Online

Title 21 : Labor

Chapter 009 : Employer's Liability and Workers' Compensation

• § 655. Procedure in obtaining compensation; medical examination; video and audio recording

  After an injury and during the period of disability, if so requested by his or her employer, or ordered by the Commissioner, the employee shall submit to examination, at reasonable times and within a two-hour driving radius of the residence of the injured employee, by a duly licensed physician or surgeon designated and paid by the employer. The Commissioner may in his or her discretion permit an examination outside the two-hour driving radius if it is necessary to obtain the services of a provider who specializes in the evaluation and treatment specific to the nature and extent of the employee’s injury. The employee may make a video or audio recording of any examination performed by the insurer’s physician or surgeon or have a licensed health care provider designated and paid by the employee present at the examination. The employer may make an audio recording of the examination. The right of the employee to record the examination shall not be construed to deny to the employer’s physician the right to visit the injured employee at all reasonable times and under all reasonable conditions during total disability. If an employee refuses to submit to or in any way obstructs the examination, the employee’s right to prosecute any proceeding under the provisions of this chapter shall be suspended until the refusal or obstruction ceases, and compensation shall not be payable for the period which the refusal or obstruction continues. (Amended 2009, No. 142 (Adj. Sess.), § 16; 2013, No. 199 (Adj. Sess.), § 62, eff. June 24, 2014.)