Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 10.00 - Standard Rules for Disability Retirement › Section 10.10 - Examination by Medical Panel

Current through Register 1525, July 5, 2024
(1)
Notice
. In proceedings for disability retirement PERAC
			 shall give all parties at least 14 days notice of the medical panel
			 examination. An applicant may waive his or her right to 14 days notice by
			 filing a written waiver with PERAC. Examinations shall be held at a reasonably
			 convenient time and place for all parties.
(2)
Examination
. A
			 physical examination and/or psychiatric evaluation of the member shall be
			 conducted by the regional medical panel. If fewer than three physicians are
			 present at a regional medical panel examination, and the member consents in
			 writing, the physician or physicians present shall conduct the examination and
			 any physicians not present shall conduct a separate examination.
(3)
Medical Tests
.
			 The medical panel may suggest any "non-invasive" medical test which the panel
			 considers necessary to render an opinion of the member's medical condition.
			 PERAC shall assume the cost of any non-invasive test suggested by the medical
			 panel up to an amount that PERAC shall determine annually. This annual
			 determination will be communicated to all retirement boards during the month of
			 January. No test the cost of which exceeds the annual amount determined by
			 PERAC shall be ordered or required by the medical panel without the advance
			 approval of PERAC.
(4)
Representation
. At the election of the member and
			 employer respectively, the member's physician and employer's physician, may be
			 present and may answer questions from the panel during the decision making
			 process of the panel. In the case of separate examinations, the member's
			 physician and the employer's physician shall have the opportunity to attend
			 each examination. Either physician may disagree with the findings of the panel
			 or, in the case of separate examinations, with any of the three physicians by
			 filing a written statement with PERAC within ten days following issuance of the
			 medical panel's decision. Neither physician shall otherwise participate in the
			 decision making process of the panel. At the discretion of the member and his
			 or her legal counsel and the employer and its legal counsel, said legal
			 counsels may be present during the decision making process of the panel;
			 provided, however, that neither counsel shall have a vote in the final
			 determination of the panel.
(5)
Rescheduling of Examination
. If a member is unable to
			 attend a scheduled medical panel examination, or in the case of single exams
			 any one of the three separate examinations, the member shall notify PERAC and
			 may request that the examination be rescheduled. PERAC will ordinarily grant
			 requests for rescheduling only for extenuating circumstances such as death in
			 the family or hospitalization or serious illness of the member, provided that
			 appropriate documentation of such is provided to PERAC. If a request for
			 rescheduling is denied by PERAC, and the applicant fails to appear at the
			 originally scheduled examination, the retirement board may deny the application
			 and notice of the decision and right to appeal shall be sent to all parties as
			 provided by
			 840 CMR
			 10.13(1)(c).
(6)
Failure to
			 Appear
. If a member fails to appear at a scheduled examination
			 without having been granted a request for rescheduling by PERAC the member
			 shall reimburse PERAC for the costs of that examination before a new
			 examination shall be scheduled. If the application is for involuntary
			 retirement under the provisions of M.G.L. c. 32, § 16, the employer shall
			 be responsible for reimbursement to PERAC if the employee fails to appear at a
			 scheduled examination. Reimbursement may be waived if PERAC finds that there
			 was just cause for the member's failure to appear.
(7)
Confidentiality
.
			 Since the principal purpose of the examination is to discuss and evaluate the
			 physical condition or mental health of the member, attendance at the
			 examination shall be limited to the member and the medical panel physician(s),
			 the member's physician and the employer's physician. The member's attorney and
			 the employer's attorney may attend the examination. The member may permit the
			 presence of other individuals, provided that their presence will not disrupt
			 the examination. No document received during the examination shall be made
			 available to the public except as may be required by other laws and regulations
			 applicable to such records.
(8)
Documents Submitted to the Medical Panel
. Any
			 documents that are submitted to the medical panel by anyone other than the
			 retirement board will be transmitted to PERAC by the panel. PERAC will provide
			 copies of the documents to the retirement board. Neither a member nor an
			 employer may offer and the medical panel may not receive any medical records
			 from anyone other than the retirement board.
(9)
Certification of Panel
			 Findings
. The medical panel, or in the case of separate
			 examinations each medical panel physician, shall report their findings and
			 recommendations to the retirement board through PERAC on certificates supplied
			 by PERAC within 60 days after completing their examinations. The panel or
			 physician, as the case may be, shall forward the report to PERAC for approval
			 for payment of medical panel services. Within five days of receiving a properly
			 completed medical panel or physician report, PERAC shall forward the report to
			 the retirement board. The medical panel physicians shall certify whether the
			 member is unable to perform the essential duties of his or her job, whether the
			 inability is likely to be permanent and, if the application is for accidental
			 disability, whether the disability is such as might be the natural and
			 proximate result of the accident or hazard undergone on account of which the
			 retirement is claimed. The physician designated by PERAC as Medical Panel
			 Coordinator or, in the case of separate examinations, each medical panel
			 physician, shall also file a narrative statement describing in detail the
			 findings and recommendations of the report. The names and addresses of all
			 persons attending the medical panel examination, a listing of all documents
			 presented to the medical panel at the examination and all medical tests and/or
			 X-rays ordered by the medical panel shall be listed in the space provided on
			 the Medical Panel Certificate.