In disputed matters concerning § 7A (prima facie evidence in death cases) and § 31 (death of employee), no impartial examination is required.
Dispute over Entitlement
In disputes over entitlement to specific closed period(s) of prior disability, no impartial examination is required. 452 CMR § 1.10(5).
In disputes regarding present incapacity where the parties agree upon both the partial nature and the duration of the disability as well as the causal relationship between the incapacity and the employment, subject to the provisions of MGL c. 152, § 11A(2) and 452 CMR § 1.02, the parties may agree in writing at the time of conference that an impartial physician is not required.
Agreement Where Initial Liability Has Not Been Established
In claims where initial liability has not been established, subject to the provisions of MGL c. 152, § 11A(2) and 452 CMR § 1.02, the parties may agree in writing at the time of conference that an impartial physician is not required. 452 CMR § 1.10(7).
The parties can sign an Agreemeent That No Impartial physician Report Is Required Form 121A to indicate that one of the above four conditions is present. If such agreement is filed with an administrative judge, the filing fee pursuant to MGL c. 152, § 11A(2) shall not be required. If no such agreement is filed, an impartial physician shall be selected/appointed when any party appeals a judge's conference order. 452 CMR § 1.11(i)(d).
When an impartial medical examination is to be scheduled, each party must submit medical records in duplicate (tabbed, indexed, and in chronological order) to the administrative judge. One set of records remains with the board file, while the other is sent to the impartial physician.
Parties who "opt out" of the impartial medical examination should be prepared to submit all relevant medical reports of the treating or examining physician (452 CMR § 1.11(6)) and such physician's curriculum vitae. Either party may move to strike portions of such report(s) offered by the opposing party. Each party retains the right to depose the physician whose records have been admitted. 452 CMR § 1.11(6). The employee may not offer the insurer's report of the examination, and vice versa. Either party can offer the other party's medical reports, but the other party's report will not come into evidence if there is an objection raised.
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