Md. Code Regs. 14.09.03.08

Current through Register Vol. 51, No. 20, October 4, 2024

Section 14.09.03.08 - Medical Examinations

A. Medical Examinations Ordered by the Commission.

(1) The Commission may order that the claimant be examined, at the Commission's expense, by the Commission's medical examiner or by some other physician, psychologist, or psychiatrist selected by the Commission.

(2) The claimant shall report to the office of the examining physician at the time scheduled by the physician for the examination.

(3) If the claimant is physically unable to report to the physician's office, the examination may be conducted wherever the claimant is located or is physically able to report.

(4) When the examining physician's report is filed, the Commission shall serve on all parties:

(a) A copy of the report; and

(b) A notice that any written objection to the report shall be filed within 15 days after the date of the notice.

(5) A written objection may be made by written letter filed with the Commission and shall state clearly the reasons for objecting to the examining physician's report.

(6) If no written objection is timely filed, the Commission may consider the report, along with any other admissible evidence presented, in deciding the claim.

(7) If an objection is timely filed, the Commission shall schedule a hearing on the matter.

B. Medical Examination Requested by a Party.

(1) A party may schedule a medical examination of the claimant with a physician, psychologist, or psychiatrist chosen by the party, by providing to the claimant and claimant's counsel reasonable notice of the examination in writing.

(2) The party scheduling a medical examination of the claimant shall be responsible for all reasonable expenses associated with the examination.

(3) The parties shall, in good faith, attempt to resolve any differences in scheduling and scope of examination.

(4) A claimant shall appear for a scheduled medical examination.

(5) If a claimant fails to appear, refuses to submit, or fails to cooperate with the medical examination, the party requesting the examination may file an Issues form for a hearing to compel a medical examination and for reimbursement of reasonable expenses and costs.

(6) If a claimant fails to appear at, refuses to submit to, or fails to cooperate with the medical examination, without good cause, the Commission may order the claimant to attend a medical examination and order reimbursement of reasonable expenses and costs actually incurred because of the missed examination.

C. Appearance by Examining Physician. A party requesting the appearance of an examining physician, psychologist, or psychiatrist at a hearing shall pay the appearance fee imposed by the provider.

Md. Code Regs. 14.09.03.08

Regulations .08 adopted effective March 24, 2008 (35:6 Md. R. 699)
Regulations.08, Guide of Medical and Surgical Fees, recodified from COMAR 14.09.03 to COMAR 14.09.08, Guide of Medical and Surgical Fees, effective 41:4 Md. R. 304, eff.3/3/2014
Regulations .08, Hearing Procedures adopted effective 41:4 Md. R. 304, eff.3/3/2014 ; amended effective 48:20 Md. R. 890, eff. 10/18/2021