10.08: Medical Panel, Formation and Instruction to Panel

(1) Except as provided in 840 CMR 10.09, upon receiving an application for disability retirement, the
retirement board shall petition the Commission to schedule a medical examination of the member by a
regional medical panel.

(2) If a medical panel is requested by the retirement board as a result of a decision of the Division of
Administrative Law Appeals or the Contributory Retirement Appeal Board a copy of the decision must
be forwarded to the Commission along with the request for the appointment of a medical panel request.

(3) Such regional medical panel shall consist of three physicians who shall not be associated as defined
in M.G.L. c. 32, § 6(3), who shall be selected for the purpose of examining the member whose
retirement is under consideration and shall, so far as practicable, be skilled in the particular branch of
medicine or surgery involved in the case. The Commission shall appoint one of the three physicians as
Medical Panel Coordinator to facilitate panel proceedings.

(4) Such regional medical panel shall meet within 60 days after appointment by the Commission to
conduct its examination. If the panel fails to meet within 60 days, the Commission shall require the three
physicians to conduct such examinations separately. If the Commission determines that it is unlikely the
medical panel will be able to meet within 60 days, the Commission may, with the written consent of the
member, authorize separate examinations.

(5) Upon request of a member, the Commission shall schedule separate examinations as soon as
practicable thereafter. A request for separate examinations may be filed at any time. A request for
separate examinations will not ordinarily be considered, however, if received by the Commission less
than 48 hours prior to a scheduled examination by a regional medical panel unless the request is filed
pursuant to the provisions of 840 CMR 10.10(5). The Commission shall so far as practicable schedule
separate examinations with the same three physicians who were appointed to the regional medical panel
unless the request is filed pursuant to the provisions of 840 CMR 10.10(5).

(6) Upon designation of the regional medical panel, the retirement board shall send to each panel
physician, prior to the examination, all information obtained pursuant to 840 CMR 10.09(1), and advise
the panel of the availability and location of any other medical data or reports known to the retirement
board. The retirement board shall also provide the medical panel with copies of all documents in the
member's file that may be of assistance to the panel, including, without limitation, the following:

(a) The statement of the member's physician;
(b) The member's statement of duties;
(c) The member's statement of background, qualifications and physical activities;
(d) The department head's or employer’s statement;
(e) For accidental disability claims, the member's statement of circumstances of personal injury
or hazard undergone;
(f) For accidental disability claims, copies of any injury reports filed with the retirement board or
the applicant’s employer.

(7) The medical panel shall not be provided with copies of the certificates and narratives of medical
panels which previously examined the member or with copies of decisions by the Division of
Administrative Law Appeals or the Contributory Retirement Appeal Board involving the member.

(8) The applicant shall be responsible for providing X-Rays, EKG tracings and other records that
cannot readily be photocopied to the Medical Panel Coordinator designated by the Commission who
shall forward such information to the other two panel physicians. The applicant is responsible for
making the necessary arrangements for the return of these materials to the proper facility or treating

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