An Act To Assist the Independent Medical Examiner Program for Workers' Compensation
Maine Legislature, Session 123, LD 1585
Committee: Labor
Sponsors: MARRACHE, PERRY, FISCHER, MILLS
Amends: 39-A MRSA §312

Legislative Document 
No. 1585 
S.P.556 
March 20, 2007 
An Act To Assist the Independent Medical Examiner Program for 
Workers' Compensation 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Senator MARRACHE of Kennebec. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative PERRY of Calais and Senator: PERRY of Penobscot, 
Representatives: FISCHER of Presque Isle, MILLS of Farmington. 
Prmtt:u nil rel:ydeo paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 39-A MRSA §312, sub-§2, as amended by PL 2005, c. 24, § I, is further 
amended to read: 
2. Duties. An independent medical examiner shall render medical findings on the 
medical condition of an employee and related issues as specified under this section. 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. Unless agreed upon by the 
parties, a physician whe is not eligible to serve as an independent medical examiner if 
that physician has examined an employee at the request of an insurance com~ 
employer or employee in accordance with section 2~uring the previous 52 weeks is 
not eligible to serve as an independent medical examiner.~ 
A. The employee; 
B. Ten or more employees at the request of an insurance company, employer or 
employee in accordance with section 207; or 
C. 
Ten or more employees who were referred to the physician either directly or 
indirectly by counsel for the employee during the previous 52 weeks. 
Sec. 2. 39-A MRSA §312, sub-§2-A is enacted to read: 
2-A. Determination of eligibility to serve. The board shall determine the eligibility 
of a physician to serve as an independent medical examiner. The board's determination 
of an independent medical examiner's eligibility may not be raised as an issue in the 
dispute resolution process for the claim of an employee. All matters pertaining to the 
eligibility of a physician to serve as an independent medical examiner and all 
communications with physicians regarding such eligibility must be directed through the 
office of medical and rehabilitation services within the board. Determinations by the 
board regarding a physician's eligibility to serve as an independent medical examiner 
constitute final agency action. 
Sec. 3. 39-A MRS A §312, sub-§5-A is enacted to read: 
5-A. 
Deposition of independent medical examiner. 
A deposition of an 
independent medical examiner may take place only in accordance with section 309, 
subsection 3. The subject matter of a deposition of an independent medical examiner 
must be confined to the claim of an employee and the medical questions arising from that 
claim. 
SUMMARY 
This bill makes the following changes to the laws governing independent medical 
examiners under the Maine Workers' Compensation Act of 1992. 
Page I - 123LR2136(Ol)-1 
I. It specifies that a physician is ineligible to serve as an independent medical 
examiner if that physician has examined the employee, 10 or more employees at the 
request of an insurance company, employer or employee or 10 or more employees who 
were referred to the physician either directly or indirectly by counsel for the employee 
during the previous 52 weeks. 
2. It provides that the Workers' Compensation Board shall determine the eligibility of 
a physician to serve as an independent medical examiner, that the board's determination 
may not be raised as an issue in the dispute resolution process for the claim of an 
employee and that such determinations constitute final agency action. It also specifies 
that all matters pertaining to the eligibility of a physician to serve as an independent 
medical examiner must be directed through the board's office of medical and 
rehabilitation services. 
3. It specifies that the subject matter of a deposition of an independent medical 
examiner must be confined to the claim of an employee and the medical questions arising 
from that claim.