---
kind: "section"
citation: "5 U.S.C. § 8123"
title: "5"
title_heading: "Government Organization and Employees"
number: "8123"
heading: "Physical examinations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8123"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 81 — Compensation for Work Injuries"
  - "Subchapter I — Generally"
---

# §8123. Physical examinations

- (a) An [employee](/usc/5/8101.md?p=1) shall submit to examination by a medical officer of the [United States](/usc/5/7103.md?p=a-18), or by a [physician](/usc/5/8101.md?p=2) designated or approved by the [Secretary](/usc/5/9901.md?p=2) of Labor, after the [injury](/usc/5/8101.md?p=5) and as frequently and at the times and places as may be reasonably required. The [employee](/usc/5/8101.md?p=1) may have a [physician](/usc/5/8101.md?p=2) designated and paid by him present to participate in the examination. If there is disagreement between the [physician](/usc/5/8101.md?p=2) making the examination for the [United States](/usc/5/7103.md?p=a-18) and the [physician](/usc/5/8101.md?p=2) of the [employee](/usc/5/8101.md?p=1), the [Secretary](/usc/5/9901.md?p=2) shall appoint a third [physician](/usc/5/8101.md?p=2) who shall make an examination.
- (b) An [employee](/usc/5/8101.md?p=1) is entitled to be paid expenses incident to an examination required by the [Secretary](/usc/5/9901.md?p=2) which in the opinion of the [Secretary](/usc/5/9901.md?p=2) are necessary and reasonable, including transportation and [loss](/usc/5/8401.md?p=18) of wages incurred in order to be examined. The expenses, when authorized or approved by the [Secretary](/usc/5/9901.md?p=2), are paid from the [Employees](/usc/5/8101.md?p=1)’ [Compensation](/usc/5/8101.md?p=12) [Fund](/usc/5/8401.md?p=6).
- (c) The [Secretary](/usc/5/9901.md?p=2) shall fix the fees for examinations held under this section by [physicians](/usc/5/8101.md?p=2) not employed by or under contract to the [United States](/usc/5/7103.md?p=a-18) to furnish medical [services](/usc/5/8401.md?p=26) to [employees](/usc/5/8101.md?p=1). The fees, when authorized or approved by the [Secretary](/usc/5/9901.md?p=2), are paid from the [Employees](/usc/5/8101.md?p=1)’ [Compensation](/usc/5/8101.md?p=12) [Fund](/usc/5/8401.md?p=6).
- (d) If an [employee](/usc/5/8101.md?p=1) refuses to submit to or obstructs an examination, his right to [compensation](/usc/5/8101.md?p=12) under this subchapter is suspended until the refusal or obstruction stops. [Compensation](/usc/5/8101.md?p=12) is not payable while a refusal or obstruction continues, and the period of the refusal or obstruction is deducted from the period for which [compensation](/usc/5/8101.md?p=12) is payable to the [employee](/usc/5/8101.md?p=1).

## Source credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 544.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>Statutes at Large |
|  | 5 U.S.C. 771. | Sept. 7, 1916, ch. 458, § 21, 39 Stat. 747. |
|  |  | June 26, 1926, ch. 695, § 2, 44 Stat. 772. |
|  | 5 U.S.C. 772. | Sept. 7, 1916, ch. 458, § 22, 39 Stat. 747. |
|  | 5 U.S.C. 773(a). | Sept. 7, 1916, ch. 458, § 23, 39 Stat. 747. |
|  |  | June 26, 1926, ch. 695, § 3, 44 Stat. 772. |
|  |  | Oct. 14, 1949, ch. 691, § 208 “Sec. 23(a)”, 63 Stat. 865. |

In subsections (a) and (c), the words “duly qualified” in former sections 771 and 772 are omitted as unnecessary in view of the definition of “physician” in section 8101.

In subsection (c) the words “fees for examinations” in former section 773(a) are substituted for “fees or examinations” since the word “or” was erroneously in the 1949 amendment. The words “any sum payable to the employee under section 771 of this title” in former section 773(a) are omitted as unnecessary because the same provision appeared in former section 771, which is carried into subsection (b).

Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.