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Rule 43. Independent Medical Examiners--Requests for Assignment

Oklahoma Statutes AnnotatedTitle 85. Workers' Compensation

Oklahoma Statutes Annotated
Title 85. Workers' Compensation (Refs & Annos)
Chapter 4.--Appendix. Rules of the Workers' Compensation Court of Existing Claims
T. 85, Ch. 4, App., Rule 43
Rule 43. Independent Medical Examiners--Requests for Assignment
A. Appointment of an independent medical examiner from the Court's list of independent medical examiners is governed by this rule. Appointments shall take into account the specialty, availability and location of the examiner.
B. In order to be eligible for appointment, an independent medical examiner:
1. shall not have a financial interest in the claimant's award; and
2. in a case involving permanent disability, shall not be a treating physician of the injured employee or have treated the injured employee with respect to the injury for which the claim is being made or the benefits are being paid.
C. Requests for the appointment of an independent medical examiner may be set for a prehearing conference, at the discretion of the Court.
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 Court 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 may decline to accept the Court's appointment only for good cause shown.
F. Disputes relating to treatment provided or to be provided through a certified workplace medical plan, including requests for change of physician within the plan, shall be timely processed as provided by 85 O.S. Section 328(D)(1)(e), through the internal dispute resolution procedures of the certified workplace medical plan before pursuing remedies in the Workers' Compensation Court.

Credits

Adopted July 12, 1990, effective November 1, 1990. Amended June 22, 1995, effective July 1, 1995; September 29, 1997, effective November 1, 1997; February 22, 2000, effective April 15, 2000. Amended effective January 30, 2006; February 7, 2008; March 6, 2012. Amended January 16, 2014, effective January 31, 2014.
Workers' Compensation Rule 43, 85 O. S. A. Ch. 4, App., OK ST WORK COMP Rule 43
Current with amendments received through March 15, 2024. Some rules may be more current, see credits for details
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