Code of Maine Rules
90 - INDEPENDENT AGENCIES
351 - WORKERS' COMPENSATION BOARD
Chapter 12 - FORMAL HEARINGS
Section 351-12-10 - Independent Medical Examination
Universal Citation: 90 ME Code Rules ยง 351-12-10
Current through 2024-38, September 18, 2024
1. Requests
A.
(1) If a §312 examination has been
requested prior to the filing of the Joint Scheduling Memo, the parties shall
state on the memo the date of the request, whether the request has been
approved by the Board's Office of Medical and Rehabilitation Services, and, if
approved, the name of the examiner and the date of the examination.
(2) If a §207 examination has been
requested prior to the filing of the Joint Scheduling Memo, the parties shall
state on the memo the date of the request, the name of the examiner, and the
date of the examination.
B.
(1) If a
§312 examination has not been requested prior to the filing of the Joint
Scheduling Memo, a request must be made no later than 30 days from the date of
filing.
(2) If a §207
examination has not been requested prior to the filing of the Joint Scheduling
Memo, a request must be made no later than 30 days from the date of
filing.
C. A request for
an extension of the 30-day period must be made in writing to the Administrative
Law Judge no later than 30 days after a party receives significant medical
evidence. The 30-day period may be extended by order of the Administrative Law
Judge if the moving party demonstrates good cause. Good cause includes, but is
not limited to, generation of significant medical evidence since the filing of
the Joint Scheduling Memo. Good cause does not include failure to have
exchanged relevant medical information in a timely manner pursuant to Board
Rule Chapter 4, section
3.
2. Depositions
An independent medical examiner may be deposed only by agreement of the parties or order of the Administrative Law Judge. If the Administrative Law Judge orders a deposition, it must be scheduled within 45 days after entry of the order permitting the deposition.
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