Rule 44 - INDEPENDENT MEDICAL EXAMINERS - FEES AND COSTSA. Fees for services performed by a Court 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 respondent in accordance with the Court's Schedule of Medical and Hospital Fees; 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 Court.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 the verified or declared written report pursuant to Rule 20, 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 Court 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 respondent 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 physician may receive not more than Two Hundred Dollars ($200.00) in advance in order to schedule a deposition. The advance payment shall be applied against amounts owed for testimony fees. 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.4. Amounts owed to the independent medical examiner for services are payable upon submission of the examiner's verified or declared written report.5. The independent medical examiner may charge and receive up to Two Hundred Dollars ($200.00), to be paid initially by the respondent 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 respondent 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.B. Failure to timely pay a Court appointed independent medical examiner for services rendered pursuant to Court order may result in the imposition of assessments or sanctions by the Court. Disputes regarding payment for services rendered by a Court appointed independent medical examiner that cannot be resolved by the examiner and the parties themselves, may be addressed by filing a Form 13 or Form 19, or by mediation, as appropriate.Okla. Stat. tit. 85, § 44
Adopted by order of the Supreme Court, 1997 OK 130 , eff. 11/1/1997; Amended by order of the Supreme Court, 2000 OK 13 , eff. 4/15/2000; Amended by order of the Supreme Court, 2004 OK 24 , eff. 6/1/2004; Amended by order of the Supreme Court, 2006 OK 6, eff. 1/30/2006. Amended by order of the Supreme Court, 2012 OK 19, eff. 3/6/2012 .