§ 97-61.1. First examination of and report on employee having asbestosis or silicosis.

§ 97‑61.1.  Firstexamination of and report on employee having asbestosis or silicosis.

When the Industrial Commissionis advised by an employer or employee that an employee has or allegedly hasasbestosis or silicosis, the employee, when ordered by the IndustrialCommission, shall submit to X rays and a physical examination by the advisorymedical committee or other designated qualified physician who is not a memberof the advisory medical committee. The employer shall pay the expensesconnected with the examination by the advisory medical committee or otherdesignated qualified physician who is not a member of the advisory medicalcommittee in such amounts as shall be directed by the Industrial Commission.Within 30 days after the completion of the examination, the advisory medicalcommittee or other designated qualified physician shall submit a written reportto the Industrial Commission setting forth:

(1)        The X rays andclinical procedures used.

(2)        Whether or not theclaimant has contracted asbestosis or silicosis.

(3)        The advisory medicalcommittee's or designated qualified physician's opinion expressed inpercentages of the impairment of the employee's ability to perform normal laborin the same or any other employment.

(4)        Any other matterdeemed pertinent.

When a competent physiciancertifies to the Industrial Commission that the employee's physical conditionis such that his movement to the place of examination ordered by the IndustrialCommission as herein provided in G.S. 97‑61.1, 97‑61.3 and 97‑61.4would be harmful or injurious to the health of the employee, the IndustrialCommission shall cause the examination of the employee to be made by theadvisory medical committee or other designated qualified physician as hereinprovided at some place in the vicinity of the residence of the employeesuitable for the purposes of making such examination. (1935, c. 123; 1945, c. 762;1955, c. 525, s. 2; 1973, c. 476, s. 128; 1989, c. 727, s. 219(15); 1997‑443,s. 11A.37; 2003‑284, s. 10.33(b).)