Oklahoma Administrative Code › Title 810 - Oklahoma Workers' Compensation Commission › Chapter 15 - Medical Services › Subchapter 9 - Independent Medical Examiners › Section 810:15-9-5 - Fees and costs

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Fees for services performed by a Commission appointed independent medical
				examiner shall be paid according to the following schedule:
(1) Diagnostic tests relevant to the
				questions or issues in dispute shall be paid by the employer or insurance
				carrier in accordance with the Oklahoma workers' compensation fee schedule;
				provided, diagnostic tests repeated sooner than six (6) months from the date of
				the test are not authorized for payment unless agreed to by the parties or
				ordered by the Commission for good cause shown.
(2) The review of records and information,
				including any treating physician evaluation and/or medical reports submitted by
				the parties, the performance of any necessary examinations, and the preparation
				of a written report as prescribed by Commission rules, shall be billed at the
				physician's usual and customary rate, not to exceed Three Hundred Dollars
				($300.00) per hour or any portion thereof, not to exceed a maximum
				reimbursement of One Thousand Six Hundred Dollars ($1,600.00) per case. The
				Commission may permit exception to this provision, for good cause shown.
				Subject to reimbursement if appropriate, these costs shall be billed to, and
				initially paid by, the respondent.
(3) Reimbursement for medical testimony given
				in person or by deposition shall be paid by the employer or insurance carrier
				in accordance with the independent medical examiner's usual and customary
				charges, not to exceed Four Hundred Dollars ($400.00) per hour or any portion
				thereof, plus an allowance of One Hundred Dollars ($100.00) for 15 minute
				increments thereafter. Preparation time shall be reimbursed at the examiner's
				usual and customary charge, not to exceed Four Hundred Dollars ($400.00). A
				Four Hundred Dollar ($400.00) charge is allowable whenever a deposition or
				scheduled testimony is canceled by any party within three working days before
				the scheduled start of the deposition or scheduled testimony. The party
				canceling the deposition or scheduled testimony is responsible for the incurred
				cost. No physician may receive more than Four Hundred Dollars ($400.00) in
				advance in order to schedule a deposition. The advance payment shall be applied
				against amounts owed for testimony fees. The Commission may permit exception to
				these provisions, for good cause shown.
(4) Amounts owed to the independent medical
				examiner for services are payable upon submission of the examiner's written
				report.
(5) The independent medical
				examiner may charge and receive up to Two Hundred Dollars ($200.00), to be paid
				initially by the employer or insurance carrier in the event the employee fails
				to appear for any scheduled examination, or if the examination is canceled by
				the employee or the respondent within forty-eight (48) hours of the scheduled
				time. The employer or insurance carrier shall be reimbursed by the employee if
				the failure to appear or the cancellation by the employee was without good
				cause. The independent medical examiner may not assess a cancellation charge
				for appointments canceled by the examiner.