Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 4 - INDEPENDENT MEDICAL EXAMINER › Section 351-4-3 - Procedures for Independent Medical Examinations Pursuant to 39-A M.R.S.A. section 312

Current through 2024-29, July 17, 2024
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.