20 CFR § 10.320 - Can OWCP require an employee to be examined by another physician?

---
identifier: "/us/cfr/t20/s10.320"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 10.320 - Can OWCP require an employee to be examined by another physician?"
title_number: 20
title_name: "Employees' Benefits"
section_number: "10.320"
section_name: "Can OWCP require an employee to be examined by another physician?"
chapter_name: "OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR"
subchapter_number: "B"
subchapter_name: "FEDERAL EMPLOYEES' COMPENSATION ACT"
part_number: "10"
part_name: "CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION ACT, AS AMENDED"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301, 8102a, 8103, 8145 and 8149; 31 U.S.C. 3716 and 3717; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary of Labor's Order No. 10-2009, 74 FR 218; Pub. L. 117-263."
regulatory_source: "76 FR 37903, June 28, 2011, unless otherwise noted."
cfr_part: "10"
---


# 10.320 Can OWCP require an employee to be examined by another physician?

OWCP sometimes needs a second opinion from a medical specialist. The employee must submit to examination by a qualified physician as often and at such times and places as OWCP considers reasonably necessary. The employee may have a qualified physician, paid by him or her, present at such examination. However, the employee is not entitled to have anyone else present at the examination unless there is rationalized medical evidence that establishes that someone else is needed in the room or OWCP decides that exceptional circumstances exist. Where an employee requires an accommodation, such as where a hearing-impaired employee needs an interpreter, the presence of an interpreter will be allowed. Also, OWCP may send a case file for second opinion review where actual examination is not needed, or where the employee is deceased.