90-351 C.M.R. ch. 4, § 3 - Procedures for Independent Medical Examinations Pursuant to 39-A M.R.S.A. section 312

1. Questions relating to the medical condition of the employee must be submitted by the requesting party at the same time the Request for Independent Medical Examination (WCB M-2) is filed. Opposing parties shall submit questions they wish to ask no later than fourteen (14) days after receipt of the requesting party's questions. Except as provided in subsection 3 of this section, additional questions are not permitted.

2. Except in fatality cases, the independent medical examiner is required to perform at least one examination of the employee.

3. Contacts with the employee by the Board appointed independent medical examiner will be limited to the scheduling of examinations and actual examinations. All communication between the examiner and the parties must be in writing and except for questions which a party requests that the examiner address in the report, may only occur by agreement or with the permission of the Administrative Law Judge. Any such communication must be received by the Board and copied to all opposing parties not later than fourteen (14) days prior to any examination and must clearly and conspicuously state that the communication has been agreed to by the parties or approved by an Administrative Law Judge. Communications that comply with this sub-section will be forwarded to the examiner through the Office of Medical/Rehabilitation Services. Communications received by the Board on or after the date of the examination will only be forwarded to the examiner with prior approval of an Administrative Law Judge.

4. The parties shall confer, prepare, and file a joint medical stipulation containing all medical records and other pertinent information, including an index of all treating health care providers and examinations performed under 39-A M.R.S.A. §207 since the date of injury to the Office of Medical/Rehabilitation Services with the M-2. All medical records must be in chronological order, or chronological order by provider. The joint medical stipulation shall be submitted by the party requesting the examination and shall include a representation either that all parties conferred and prepared the joint medical stipulation or that, despite due diligence, the requesting party was unable to confer with an opposing party or parties. All medical information will be submitted to the selected physician by the Office of Medical/Rehabilitation Services.

5. Upon completion of the final examination and all pertinent and indicated testing, the examiner shall submit a written report to the Board no later than fourteen (14) days after completion of the examination. The Board will distribute copies of the report to the employer and the employee.

6. A party may set a deposition of the independent medical examiner only upon agreement of the parties or with permission of the Administrative Law Judge.

7. Pursuant to 39-A M.R.S.A. §312(6), all subsequent medical evidence submitted to the examiner must be exchanged with the opposing party no later than fourteen (14) days prior to the hearing, unless this timeframe is varied by order of the Administrative Law Judge. If the examiner issues a supplemental report, a supplemental deposition may be permitted at the discretion of the Administrative Law Judge.

Notes

90-351 C.M.R. ch. 4, § 3