R.D. Masonry, Inc. v. Industrial Commission, 215 Ill. 2d 90

Summary

The Illinois Supreme Court held that an employee seeking workers’ compensation benefits must submit to an employer-requested medical examination under section 12 of the Workers’ Compensation Act even when the employer disputes liability and is not currently paying benefits. The court concluded that refusal to attend a proper examination permits temporary suspension of benefits, and it affirmed the Commission’s factual findings that the examination request was not made for harassment and that the employer’s conduct was objectively reasonable.

Holdings

1. An employee who claims entitlement to disability payments must comply with a proper employer-requested medical examination under section 12 even when the employer denies liability and has not made current disability payments.
2. Section 12 does not limit an employer to a single medical examination; additional examinations may be requested when reasonably related to determining the nature, extent, or duration of the injury and the compensation due.
3. Because Masonry made a proper request for a second examination and Hunter refused to attend, his right to compensation was temporarily suspended for the period after May 27, 1999, until the examination occurred.
4. Hunter waived his argument that Masonry failed to tender required travel expenses because he did not raise the argument before the Industrial Commission.

Questions Presented

1. Whether an employee is an "employee entitled to receive disability payments" under section 12 of the Workers' Compensation Act when the employer denies liability and is not currently paying temporary total disability benefits.
2. Whether an employer's right to request a section 12 medical examination is limited to a single examination.
3. Whether the employer's second medical examination request was proper and whether refusal to attend permitted temporary suspension of compensation.
4. Whether Hunter waived his argument that Masonry failed to tender travel expenses by failing to raise it before the Industrial Commission.

Disposition

affirmed