An Act To Increase the Availability of Independent Medical Examiners under the Workers Compensation Act of 1992
Maine Legislature, Session 125, LD 1056
Committee Amendment CA_A_H204 (House)
Amends: 39-A MRSA §312

COMMITTEE AMENDMENT "/1,, to H.P. 791, L.D. 1056, Bill, "An Act To 
Increase the Availability of Independent Medical Examiners under the Workers' 
Compensation Act of 1992" 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, there is a long waiting list of injured workers in need of independent 
medical examinations due to the shortage of available independent medical examiners, 
which has been further exacerbated by the recent and unexpected retirement of a 
specialist who had 12 pending cases; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 39-A MRS A §207, first~, as amended by PL 2001, c. 278, §1, is further 
amended to read: 
An employee being treated by a health care provider of the employee's own choice 
shall, after an injury and at all reasonable times during the continuance of disability if so 
requested by the employer, submit to an examination by a physician, surgeon or 
chiropractor authorized to practice as such under the laws of this State, to be selected and 
paid by the employer. A physician, surgeon or chiropractor who examines an employee 
at the request of the employer is limited to 12 examinations in a calendar year and may 
not act as an independent medical examiner pursuant to section 312 for an employee that 
physician, surgeon or chiropractor has previously examined. The physician, surgeon or 
chiropractor must have an active practice of treating patients. 
For purposes of this 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "R" to H.P. 791, L.D. 1056 
section, "active practice" may be demonstrated by having active clinical privileges at a 
hospital. A physician or surgeon must be certified in the field of practice that treats the 
type of injury complained of by the employee. 
Certification must be by a board 
recognized by the American Board of Medical Specialties or the American Osteopathic 
Association or their successor organizations. A chiropractor licensed by the Board of 
Chiropractic Licensure, who has an active practice of treating patients may provide a 2nd 
opinion when the initial opinion was given by a chiropractor. Once an employer selects a 
health care provider to examine an employee, the employer may not request that the 
employee be examined by more than one other health care provider, other than an 
independent medical examiner appointed pursuant to section 312, without prior approval 
from the employee or a hearing officer. This provision does not limit an employer's right 
to request that the employee be examined by a specialist upon referral by the health care 
provider. Once the employee is examined by the specialist, the employer may not request 
that the employee be examined by a different specialist in the same specialty, other than 
an independent medical examiner appointed pursuant to section 312, without prior 
approval from the employee or the board. 
The employee has the right to have a 
physician, surgeon or chiropractor of the employee's own selection present at such an 
examination, whose costs are paid by the employer. The employer shall give the 
employee notice of this right at the time the employer requests an examination. 
Sec. 2. 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 
qualified 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. An independent medical examiner must be certified in the field of 
practice that treats the type of injury complained of by the employee. Certification must 
be by a board recognized by the American Board of Medical Specialties or the American 
Osteopathic Association or their successor organizations. 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. 
Sec. 3. 39-A MRSA §312, sub-§2, as amended by PL 2005, c. 24, §1, 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 or no other physician is reasonably available, a physician wfte is not eligible to be 
assigned as an independent medical examiner if the physician has examined aft the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 791, L.D. 1056 
employee at the request of an insurance company, employer or employee in accordance 
with section 207 or has been closely affiliated with the insurance company at any time 
during the previous 52 weeks is not eligible to serve as an. An independent medical 
examiner that examines an employee in accordance with section 207 shall notify the 
board of the name of the employee, the employer or the insurance company that 
requested the examination and the date of the examination within 10 days of the date of 
the examination. 
Sec. 4. Report. The Workers' Compensation Board shall submit a report that 
includes its findings and recommendations by January 15, 2013 to the joint standing 
committee of the Legislature having jurisdiction over workers' compensation matters 
regarding the board's review of the independent medical examiner selection process 
pursuant to the Maine Revised Statutes, Title 39-A, section 312 and the number of 
independent medical examiners who have examined employees in accordance with Title 
39-A, section 207. The joint standing committee is authorized to introduce a bill related 
to the board's report to the First Regular Session of the 1 26th Legislature. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the bill. It specifies that health care providers who examine 
injured workers at the request of an employer in accordance with the Maine Revised 
Statutes, Title 39-A, section 207 are limited to 12 such examinations per calendar year. It 
adds the requirement that independent medical examiners be certified in the field of 
practice of the injury by a board recognized by the American Board of Medical 
Specialties or the American Osteopathic Association. It clarifies that an independent 
medical examiner may not be assigned to an injured worker if the independent medical 
examiner has previously examined the worker or has been closely affiliated with the 
insurance company at any time during the preceding 52 weeks unless there is no other 
physician reasonably available. The amendment requires that an independent medical 
examiner that examines an injured worker at the request of the employer in accordance 
with Title 39-A, section 207 notify the Workers' Compensation Board of the name of the 
employee, the employer or the insurer that requested the examination and the date of the 
examination within 10 days of the date of the examination. The amendment also requires 
that the board submit a report that includes findings and recommendations by January 15, 
2013 to the joint standing committee of the Legislature having jurisdiction over workers' 
compensation matters regarding the board's review of the selection process of 
independent medical examiners and the number of independent medical examiners who 
have examined injured workers at the request of employers or insurers. 
The joint 
standing committee is authorized to introduce a bill related to the board's report to the 
preamble and emergency clause. 
FISCAL ~OTE Kl:.(,lLlRED 
(See attache~)_ 
COMMITTEE AMENDMENT 
Approved: 05/05111 
fraC':.-
LD 1056 
LR 1512(02) 
An Act To Increase the Availability oflndependent Medical Examiners under the Workers' 
Compensation Act of 1992 
Fiscal Note for Bill as Amended by Committee Amendment "~,, 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Additional costs to the Workers' Compensation Board can be absorbed within existing budgeted resources. 
LR1512(02) - Fiscal Note - Page 1 of 1