8 AAC 45.090 - Additional examination
(a) The board will, in its discretion, direct
an employee who was injured before July 1, 1988, to be examined by an
independent medical examiner in accordance with
8
AAC 45.092, and direct the independent medical
examiner to provide the board and the parties with a complete report of
findings, opinions, and recommendations, whenever in the board's opinion
(1) a physician has not impartially estimated
the degree of permanent impairment or the extent of temporary impairment, or
has not rated the degree of permanent impairment in accordance with
8
AAC 45.122;
(2) contradictory medical evidence exists;
or
(3) the employee's best
interests require it.
(b) Except as provided in (g) of this
section, regardless of the date of an employee's injury, the board will require
the employer to pay for the cost of an examination under
AS
23.30.095(k),
AS
23.30.110(g), or this
section.
(c) If an injury occurred
before July 1, 1988, an examination requested by the employer not less than 14
days after the injury, and every 60 days after that, is presumed reasonable,
unless the presumption is overcome by a preponderance of the evidence, and the
employee shall submit to an examination by the employer's choice of physician
without further request or order by the board. Unless medically appropriate to
obtain new diagnostic data, the physician shall use existing diagnostic data to
complete the examination.
(d)
Regardless of the date of an employee's injury, the employer must
(1) give the employee and the employee's
representative, if any, at least 10 days' notice of the examination scheduled
by the employer;
(2) arrange, at
least 10 days in advance of the examination date, for the employee's
transportation expenses to the examination under
AS
23.30.095(e),
AS
23.30.095(k),
AS
23.30.110(g), or this
section, at no cost to the employee if the employee must travel more than 100
road miles for the examination or, if the employee cannot travel on a
government-maintained road to attend the examination, arrange for the
transportation expenses by the most reasonable means of transportation;
and
(3) arrange, at least 10 days
in advance of the examination date, for the employee's room and board at no
cost to the employee if the examination under
AS
23.30.095(e),
AS
23.30.095(k),
AS
23.30.110(g), or this
section, requires the employee to be away from home overnight.
(e) If the employer fails to give
timely notice of the examination date or fails to arrange for room and board or
transportation expenses in accordance with (d) of this section, and if the
employee objects to attending the examination because the employer failed to
comply with (d) of this section, the employer may not suspend benefits under
AS
23.30.095(e).
(f) If a physician examines an employee at
the employer's request and if the employer objects to the board's consideration
of the physician's report unless the physician is made available for
cross-examination, the phrase "furnished and paid for by the employer" in
AS
23.30.095(e) includes paying
in advance all the employee's costs for making the physician available for
cross-examination.
(g) If an
employee does not attend an examination scheduled in accordance with
AS
23.30.095(e),
AS
23.30.095(k),
AS
23.30.110(g), or this
section,
(1) the employer will pay the
physician's fee, if any, for the missed examination; and
(2) upon petition by a party and after a
hearing, the board will determine whether good cause existed for the employee
not attending the examination; in determining whether good cause existed, the
board will consider when notice was given that the employee would not attend,
the reason for not attending, the willfulness of the conduct, any extenuating
circumstances, and any other relevant facts for missing the examination; if the
board finds
(A) good cause for not attending
the examination did not exist, the employee's compensation will be reduced in
accordance with
AS
23.30.155(j) to reimburse
the employer the physician's fee and other expenses for the unattended
examination; or
(B) good cause for
not attending the examination did exist, the physician's fee and other expenses
for the unattended examination is the employer's responsibility.
Notes
Authority:AS 23.30.005
AS 23.30.095
AS 23.30.110
AS 23.30.155
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