Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 10.00 - Standard Rules for Disability Retirement › Section 10.08 - Medical Panel, Formation and Instruction to Panel

Current through Register 1525, July 5, 2024
(1) Except as provided in
			 840
			 CMR 10.09, upon receiving an application for
			 disability retirement as defined by
			 840
			 CMR 10.06, the retirement board shall
			 petition PERAC to schedule a medical examination of the member by a regional
			 medical panel.
(2) If a medical
			 panel is requested by the retirement board as a result of a decision of the
			 Division of Administrative Law Appeals or the Contributory Retirement Appeal
			 Board a copy of the decision must be forwarded to PERAC along with the request
			 for the appointment of a medical panel request.
(3) Such regional medical panel shall consist
			 of three physicians who shall not be associated as defined in M.G.L. c. 32,
			 § 6(3), who shall be selected for the purpose of examining the member
			 whose retirement is under consideration and shall, so far as practicable, be
			 skilled in the particular branch of medicine or surgery involved in the case.
			 PERAC shall appoint one of the three physicians as Medical Panel Coordinator to
			 facilitate panel proceedings.
(4)
			 Such regional medical panel shall meet within 60 days after appointment by
			 PERAC to conduct its examination. If the panel fails to meet within 60 days,
			 PERAC shall require the three physicians to conduct such examinations
			 separately. If PERAC determines that it is unlikely the medical panel will be
			 able to meet within 60 days, PERAC may authorize separate
			 examinations.
(5) Upon request of a
			 member, PERAC shall schedule separate examinations as soon as practicable
			 thereafter. A request for separate examinations may be filed at any time. A
			 request for separate examinations will not ordinarily be considered, however,
			 if received by PERAC less than 48 hours prior to a scheduled examination by a
			 regional medical panel unless the request is filed pursuant to the provisions
			 of
			 840 CMR
			 10.10(5). PERAC shall so far
			 as practicable schedule separate examinations with the same three physicians
			 who were appointed to the regional medical panel unless the request is filed
			 pursuant to the provisions of
			 840 CMR
			 10.10(5).
(6) Upon designation of the regional medical
			 panel, the retirement board shall send to each panel physician, prior to the
			 examination, all information obtained pursuant to
			 840
			 CMR 10.09(1), and advise the
			 panel of the availability and location of any other medical data or reports
			 known to the retirement board. The retirement board shall also provide the
			 medical panel with copies of all documents in the member's file that may be of
			 assistance to the panel, including, without limitation, the following:
(a) The statement of the member's
			 physician;
(b) The member's
			 statement of duties;
(c) The
			 member's statement of background, qualifications and physical
			 activities;
(d) The department
			 head's or employer's statement;
(e)
			 For accidental disability claims, the member's statement of circumstances of
			 personal injury or hazard undergone;
(f) For accidental disability claims, copies
			 of any injury reports filed with the retirement board or the applicant's
			 employer.