Cain v. Industrial Commission of Colorado

specially concurring:

A definitive decision requires us to discountenance language in National Lumber & Creosoting Co. v. Kelly, 101 Colo. 535, 75 P. (2d) 144, indicating that the Commission, in its discretion, may order invasions of the body of a claimant by surgery or puncture as part of a physical examination.

C.R.S. ’53, 81-12-12, in part provides: “Whenever, in case of injury, the right to compensation under this chapter would exist in favor of an employee, upon the written request of his employer, or the insurer carrying such risk, he shall submit himself from time to time to examination…