SECTION 69.55. Failure To Attend Examination

(a) A claimant who agrees or is ordered to submit to an examination as requested by the carrier under this chapter is required to attend the examination.

(b) When a claimant fails to attend an examination permitted or ordered under this chapter, the carrier may notify the board in writing on a board approved form and request a formal hearing. The board shall set the hearing on the first Friday following 10 days from receipt of the carrier's written request, and shall provide written notice to all parties.

(c) The claimant may be heard at this hearing by:

(1) making a personal appearance in Austin;

(2) appearing by telephone conference call; or

(3) filing a written brief.

(d) If a majority of the board determines there was no good cause for the claimant's failure to attend the medical examination, the board shall order the carrier to suspend compensation during the continuance of the claimant's refusal.

(e) The carrier may not terminate compensation because of the claimant's failure to attend a medical examination permitted or ordered under this chapter until ordered by the board.

Source Note: The provisions of this §69.55 adopted to be effective February 19, 1988, 13 TexReg 617; amended to be effective June 16, 1988, 13 TexReg 2752.