An Act the Maine Workers Compensation Act of To Timely Independent Medical Examinations and Benefit
Maine Legislature, Session 122, LD 0881
Senate Amendment SA_C_S125 (Senate)
Amends: 39-A MRSA §312

AMENDMENT "G' to S.P. 289, L.D. 881, Bill, "An Act 
the 
Maine 
Workers' 
Compensation 
Act 
of 
1992 
To 
Timely Independent Medical Examinations and Benefit 
Amend the bill by striking out all of section 1 (page 1, 
lines 3 to 18 in L.D.) and inserting in its place the following: 
'Sec. 1. 39-A MRSA §312, sub-§l, as enacted by PL 1991, c. 
885, Pt. A, §8 and affected by §§9 to 11, is amended to read: 
1. 
Examiner system. 
The board shall develop and implement 
an 
independent 
medical 
examiner 
system 
consistent 
with 
the 
requirements of this section. 
As part of this system, the board 
shall, in the exercise of its discretion, create, maintain and 
periodically validate a list of not more than 50 health care 
providers that it finds to be the most ~ualified and to be highly 
experienced and competent in their specific fields of expertise 
and 
in the 
treatment 
of 
work-related injuries 
to 
serve 
as 
independent 
medical 
examiners 
from 
each of 
the 
health care 
specialties that the board finds most commonly used by injured 
employees. 
The board shall establish a fee schedule for services 
rendered by independent medical examiners and adopt any rules 
considered necessary to effectuate the purposes of this section. 
An independent medical examiner may be removed by a majority vote 
of the total membership of the board. 
Sec. 2. 39-A MRS A §312, sub-§2, as amended by PL 2005, c. 24, 
§l, is further amended to read: 
Page l-LR1417(5) 
SENATE AMENDMENT 
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SENATE AMENDMENT lie, to S.P. 289, L.D. 881 
2. 
Eligibility. 
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The 
independent medical examiner in a case may not be the employee's 
treating health care provider 
and 
may 
not have 
treated the 
employee with respect to the injury for which the claim is being 
made or the benefits are being paid. 
Nothing in this subsection 
precludes 
the selection of 
a 
provider authorized to 
receive 
reimbursement under section 206 to serve in the capacity of an 
independent medical examiner. 
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a A physician who 
has examined an employee on more than 10 
occasions at the request of an insurance company, 
employer or 
employee in accordance with section 207 during the previous 52 
weeks is not eligible to serve as an independent medical examiner 
unless that physician is approved for inclusion on the list 
created pursuant to sUbsection 1 by a vote of 2/3 of the total 
membership of the board. 
A physician who does not meet the eligibility reguirements of 
this subsection may serve as an independent medical examiner for 
a claim if agreed to by the parties to that claim.' 
SUMMARY 
This amendment disqualifies a physician from serving as an 
independent medical examiner if the physician has examined any 
employee more than 10 times during the previous 52 weeks at the 
request of an insurance company, 
employer or employee. 
This 
disqualification may be waived by a 2/3 vote of the Workers' 
Compensation Board. 
This 
amendment 
also 
authorizes 
the 
board 
to 
remove 
an 
independent medical examiner by a majority vote. 
SPONSORED BY: 
(Senator MAYO) 
COUNTY: 
Sagadahoc 
SENATE 
AMENDMENT