What Is California Labor Code §4050: Employer-Requested Medical Exams?

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.

What is Labor Code 4050 in California workers' compensation?

Labor Code 4050 gives the employer the right to send an injured worker to a medical exam with a doctor the employer picks and pays for.

The rule applies whenever a worker currently has a right to workers' compensation benefits. The employer must ask in writing. The exam must happen at reasonable times, not just whenever the employer wants. The law also lets the WCAB order a separate exam on its own, using its administrative director or a referee to pick the doctor. That office, not the employer, picks the doctor for its own exam.

This exam is not the same as a normal visit to your treating doctor. It is a review exam. It is often used to check a diagnosis, a work restriction, or a disability finding.

How does an employer request this medical exam?

The employer must put the request in writing and set a reasonable time and place for a doctor it picks and pays for.

Labor Code 4050 requires a written request from the employer. The employer picks the examining physician and pays that doctor's fee. Under Labor Code 4051, the written request or any order for the exam must set a time and place. That time and place must reasonably fit the worker's schedule, health, and ability to attend.

The worker is not left alone at this exam. Section 4052 lets the worker bring a physician of their own choosing to be present. The worker pays for that second doctor. That second doctor can watch the exam and can later be asked to report on it.

What happens if a worker refuses the exam under Labor Code 4050?

Refusing, failing to attend, or obstructing an employer's properly requested exam suspends the worker's right to pursue a compensation claim.

Under Labor Code 4053, this rule starts once the employer makes a proper written request. A worker who then fails, refuses, or obstructs the exam cannot start or continue a case to collect compensation until the refusal ends. This suspension lasts only as long as the refusal, failure, or obstruction goes on. Once the worker takes the exam, the suspension ends.

A suspended claim can also delay other benefits. That can include medical care decisions and disability pay. A worker may have a real scheduling conflict, a ride problem, or a safety concern about one exam. Raise it in writing before the exam date. Do not wait until after missing it.

Does a board-ordered exam carry the same penalty as an employer-requested exam?

No. Refusing the board's own exam carries a different penalty than refusing the employer's exam.

Labor Code 4050 also lets the WCAB order its own exam, separate from the employer's request, through its administrative director or a referee. Under Labor Code 4054, refusing, failing, or obstructing that kind of exam has a different result. The worker does not lose the whole right to the claim. Instead, the worker loses the disability pay that would have come during the period of the refusal.

In short, refusing the employer's own exam under Labor Code 4053 can suspend the whole claim. Refusing a board-ordered exam under Labor Code 4054 costs disability pay for that period only. Either way, missing a properly noticed exam has a real cost.

Can the exam results be used in the workers' compensation case?

Yes. Any physician who performs or attends the exam can be required to report or testify about it.

Under Labor Code 4055, any physician who makes the exam, or who is present at it, can be required to report or testify about the results. That can include the employer's examining doctor and a doctor the worker brought under Labor Code 4052. This exam is different from a panel Qualified Medical Evaluator (QME) report. A QME report is used later to settle a medical dispute, through a different process. See our guide to QME panel strikes under Labor Code 4062.2 for that process.

What should a worker keep after an employer-requested exam?

Keep the written request, the exam notice, and the physician's name so the dates and details can be checked later.

• The employer's written request for the exam, with the date it was sent or given.
• The notice of the exam's time, date, and place.
• The name of the examining physician and any instructions given about the exam.
• Any report, letter, or form received after the exam.
• Notes on who attended, including a second physician brought under Labor Code 4052.

If your employer sends a written request for a medical exam citing Labor Code 4050, write down when you received it. Note the exam date, time, and place. If you are unsure whether the request is reasonable, or whether missing it could hurt your claim, contact Yazdchi Law P.C. or call (661) 273-1780. The firm reviews each workers' compensation matter on its own facts. For related reading, see how utilization review handles treatment requests and how independent medical review works. You may also want our pages on medical-legal evaluations under Labor Code 4060, the employer's medical treatment duty under Labor Code 4600, and what to do if a California workers' compensation claim is denied.