1. (a) When a request is made by the carrier, or a division of the commission, for a medical examination, the commission shall determine if an examination should be ordered. The commission shall issue an order granting or denying the request within seven days of the date the request is received by the commission. A copy of the order shall be sent to the injured employee, the employee's representative, and the insurance carrier, by first class mail or personal delivery to the carrier. The order shall state the penalty cited in subsection (g) of this section. An agreement between the parties for an examination under §126.5 of this title (relating to Procedure for Requesting Required Medical Examinations) has the same effect as the commission's formal order.
2. (b) All examinations ordered must be scheduled as soon as possible, with at least 10 days notice to the injured employee or the employee's representative. If a scheduling conflict exists, the injured employee must contact the doctor prior to the examination to re-schedule the examination to a time within seven days of the examination. In this event, the examining doctor shall notify the carrier.
3. (c) The injured employee's treating doctor, chosen under the Texas Workers' Compensation Act (the Act), Texas Labor Code, §408.022, may be present at an examination scheduled according to subsection (b) of this section. The injured employee's treating doctor may observe the conduct of the examination, and may consult with the examining doctor about the course of the injured employee's treatment. The injured employee's treating doctor shall not otherwise participate in, or impede, the examination.
4. (d) If the required medical examination doctor, selected by an insurance carrier, refuses to allow the treating doctor to attend the examination, the insurance carrier shall cancel the appointment and request that another doctor be approved for the required medical examination. If reasonable notice is not provided to the injured employee or the employee's representative, the insurance carrier shall be liable for any reasonable travel expenses incurred by the injured employee and for the payment for the treating doctor's attendance at a refused appointment. This subsection shall not apply to situations where the treating doctor is not able to attend the examination due to any form of scheduling conflict. The required medical examination is not required to be scheduled based on the availability of the treating doctor.
5. (e) An examining doctor who determines the injured employee has reached maximum medical improvement or who assigns an impairment rating shall complete and file the report as required by §130.1 and §130.3 of this title (relating to Reports of Medical Evaluation; Maximum Medical Improvement and Certification of Maximum Medical Improvement by Doctor Other than Treating Doctor). Other reports shall be completed according to applicable rules for consultant medical reports as described in §133.104 of this title (relating to Consultant Medical Reports) and shall be sent to the carrier, injured employee, the treating doctor, and commission no later than 10 days after the examination.
6. (f) The commission shall, if disputed, hold a benefit review conference within 30 days after receiving notification that the examining doctor has released the injured employee to return to work, and the carrier shall continue benefits pending the benefit review conference.
7. (g) A doctor who conducts an examination solely under the authority of an order issued according to this rule shall not be considered a designated doctor under the Act, §408.122 or §408.125. Examinations with a designated doctor or a second opinion spinal surgery doctor under the Act, §408.026, are not subject to any limitations under the provisions for required medical examinations.
8. (h) An injured employee who, without good cause, fails or refuses to appear at the time scheduled for an examination authorized by this section may be assessed a Class D administrative penalty under the Act, §408.004(f). An injured employee who fails to submit to an examination at the insurance carrier's request when the carrier selected doctor refuses to allow the treating doctor to attend the examination shall not be subject to this administrative violation for that particular appointment.
9. (i) The commission shall order examinations requiring travel of up to 75 miles from the injured employee's residence unless the treating doctor certifies that such travel may be harmful to the injured employee's recovery. The insurance carrier shall pay reasonable travel expenses incurred by the injured employee in submitting to any required medical examination, as specified by §134.6 of this title (relating to Travel Expenses).

Source Note:The provisions of this §126.6 adopted to be effective January 30, 1991, 16 TexReg 313; amended to be effective January 1, 1998, 22 TexReg 11693.