Page:United States Statutes at Large Volume 86.djvu/1297

 86

STAT.]

PUBLIC LAW 92-576-OCT. 27, 1972

1255

Physical "(e) I n the event that medical questions are raised in any case, the examination. Secretary shall have the power to cause the employee to be examined by a physician employed or selected by the Secretary and to obtain from such physician a report containing his estimate of the employee's physical impairment and such other information as may be appropriate. Any party who is dissatisfied with such report may request a Review. review or rexamination of the employee by one or more different physicians employed or selected by the Secretary. The Secretary shall order such review or rexamination unless he finds that it is clearly unwarranted. Such review or rexamination shall be completed within two weeks from the date ordered unless the Secretary finds that because of extraordinary circumstances a longer period is required. The Secretary shall have the power in his discretion to charge the cost of examination or review under this subsection to the employer, if he is a self-insurer, or to the insurance company which is carrying the risk, Post, p. 1256. in appropriate cases, or to the special fund in section 44. "(f) An employee shall submit to a physical examination under subsection (e) at such place as the Secretary may require. The place, or places, shall be designated by the Secretary and shall be reasonably convenient for the employee. No physician selected by the employer, carrier, or employee shall be present at or participate in any manner in such examination, nor shall conclusions of such physicians as to the nature or extent of impairment or the cause of impairment be available to the examining physician unless otherwise ordered, for good cause, by the Secretary. Such employer or carrier shall, upon request, be entitled to have the employee examined immediately thereafter and upon the same premises by a qualified physician or physicians in the presence of such physician as the employee may select, if any. Proceedings shall be suspended and no compensation shall be payable for any period during which the employee may refuse to submit to examination. " (g) All fees and other charges for medical examinations, treatment, or service shall be limited to such charges as prevail in the community for such treatment, and shall be subject to regulation by the Secretary. The Secretary shall issue regulations limiting the Regulations. nature and extent of medical expenses chargeable against the employer without authorization by the employer or the Secretary. Third party " (h) The liability of an employer for medical treatment as herein liability. provided shall not be affected by the fact that his employee was injured through the fault or negligence of a third party not in the same employ, or that suit has been brought against such third party. The employer shall, however, have a cause of action against such third party to recover any amounts paid by him for such medical treatPost, p. 1262. ment in like manner as provided in section 33(b) of this Act. " (i) Unless the parties to the claim agree, the Secretary shall not employ or select any physician for the purpose of making examinations or reviews under subsection (e) of this section who, during such employment, or during the period of two years prior to such employment, has been employed by, or accepted or participated in any fee relating to a workmen's compensation claim from any insurance carrier or any self-insurer." DISFIGUREMENTS

SEC. 7. Section 8(c) (20) of the Longshoremen's and Harbor Workers' Compensation Act is amended to read as follows: "(20) Disfigurement: Proper and equitable compensation not to exceed $3,500 shall be awarded for serious disfigurement of the face, head, or neck or of other normally exposed areas likely to handicap the employee in securing or maintaining employment."

44 Stat. 1428. 33 USC 908.

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