West Virginia Code § 23-4-8

Physical examination of claimant
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(a) The Insurance Commissioner, private carrier or self-insured employer, whichever is
applicable, may, after due notice to the claimant, whenever in its opinion it is necessary,
order a claimant of compensation for a personal injury other than occupational
pneumoconiosis to appear for examination before a medical examiner or examiners selected
by the Insurance Commissioner, other private carrier or self-insured employeer, whichever is
applicable; and the claimant and employer each may select a physician of the claimant's or
the employer's own choosing and at the claimant's or the employer's owrn expense to
participate in the examination. All examinations shall be performed in accordance with the
protocols and procedures established by rules of the Insurance Commissioner: Provided,
That the physician may exceed these protocols when additional evaluation is medically
necessary. The claimant and employer shall be furnished witth a copy of the report of
examination made by the medical examiner or examiners. The physicians selected by the
claimant and employer have the right to submit a separate report to, or concur in any report
made by the medical examiner or examiners selected by the Insurance Commissioner,
private carrier or self-insured employer, and any separate report shall be considered in
passing upon the claim.
(b) If the compensation claimed is for occupational pneumoconiosis, the Insurance
Commissioner, private carrier or selgf-insured employer, whichever is applicable, may, after
due notice to the employer, order a claimant to appear for examination before the
Occupational Pneumoconiosis eBoard provided for in section eight-a of this article.
(c) Where the claimant iLs ordered to appear for an examination by the Occupational
Pneumoconiosis Board pursuant to subsection (b) of this section or is required to undergo a
medical examination or examinations, pursuant to subsection (a) of this section, the party
that referred the claimant to the Occupational Pneumoconiosis Board or required the
medical examination shall reimburse the claimant for loss of wages and reasonable traveling
expenses as set forth in subsection (e) of this section and other expenses in connection with
theW examination or examinations.
(d) The claimant shall be reimbursed for reasonable traveling expenses as set forth in
subsection (e) of this section incurred in connection with medical examinations,
appointments and treatments, including appointments with the claimant's authorized
treating physician.
(e) The claimant's traveling expenses include, at a minimum, reimbursement for meals,
lodging and milage. Reimbursement for travel in a personal motor vehicle shall be at the
milage reimbursement rates contained in the Department of Administration's Purchasing
Division Travel Rules as authorized by section eleven, article three, chapter twelve of this
code in effect at the time the treatment is authorized.

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