SECTION 810:15-9-4. Requests for assignment

(a)   Appointment of an independent medical examiner from the Commission's list of independent medical examiners is governed by this Section. Appointments shall take into account the specialty, availability and location of the examiner. The independent medical examiner selected shall be certified by a recognized specialty board in the area or areas appropriate to the condition under review.

(b)   Requests for the appointment of an independent medical examiner may be set for a prehearing conference, at the discretion of the Commission.

(c)   An independent medical examiner may be appointed on any issue before the Commission, including to determine if further medical treatment is needed following a full duty release on all body parts by the treating physician. If surgery is recommended by a treating physician, upon written request of the employer made on a CC-Form-13 filed within twenty (20) days of receipt of the treating physician's report, an independent medical examiner who is qualified to perform the type of surgery recommended shall be appointed to determine the reasonableness and necessity of the surgery. The twenty-day request deadline may be waived by agreement of the parties or for good cause shown.

(d)   The parties shall send the employee's medical records to the independent medical examiner by regular mail within ten (10) calendar days of receipt of the Commission order assigning the examiner. If necessary, the independent medical examiner may contact persons in whose possession the records or information is located solely for the purpose of obtaining such records or information.

(e)   An independent medical examiner's opinion is binding unless there is clear and convincing evidence to the contrary. Deviations by the Commission from the independent medical examiner's opinion must be explained.

[Source: Added at 31 Ok Reg 486, eff 2-4-14 (emergency); Added at 32 Ok Reg 1480, eff 8-27-15; Amended at 34 Ok Reg 2217, eff 9-11-17]