Duties and responsibilities of the impartial physician

Doctors agree to abide by the following descriptions of their duties and responsibilities during their time of service to the Department as members of the Roster of Impartial Physicians.


A. To serve on the Roster of Impartial Physicians pursuant to MGL c. 152 §§11A and 8(4), of the Massachusetts General Laws; to examine and evaluate workers' compensation claimants when selected by the parties, or when appointed by an Administrative Judge or by the Senior Judge.

B. To conduct an impartial examination within 45 calendar days after date of notice of appointments; to render a report within 21 days of each §11A examination, and within 14 calendar days of each § 8(4) examination; and to render a supplemental report if required by the Administrative Judge.

C. To render to the Department, in a format acceptable to the Department, a report containing your findings and the basis of your opinion as to: whether an impairment of function exists; whether such impairment is total or partial, temporary or permanent in nature; whether within a reasonable degree of medical certainty such impairment of function has as its major or predominant contributing cause a personal injury or illness arising out of and in the course of the employee's employment; and, any other matters relevant to your report. Residents and fellows in training may observe and participate in a limited capacity for purposes of education only, but may not be solely or primarily responsible for conducting the examination or interpreting findings, and may not write the report to the Department.

D. At the direction of the Department, in some instances to render a report based on your review of an employee's medical records without an examination. To accept this "Fee Schedule" as compensation for your services:

  • $650 for each report you submit;
  • $750 for first two hours of your deposition (paid by deposing party);
  • Each additional hour (over the initial two hours) will be $150 per hour;
  • $300 for your review of medical records without examination of worker;
  • $200 for each supplemental report; 
  • $150 for cancellation on less than 48 hour notice to your office. 

E. At the request of the Department, to provide documentation to update your basic qualifications for appointment to the Roster, which documentation, by way of example, and not of limitation, would include:

  • copy of your full BRM biannual application to practice as a physician;
  • copy of your board specialty re-certification;
  • copy of the declarations page of your current medical malpractice insurance policy;copy of the declaration page of your workers' compensation insurance policy.
  • Criteria for eligibility during the period of your appointment and reappointment:
  • current full state license (no restrictions) rendered by the appropriate board of registration;
  • board certification as a specialist within your discipline;
  • active clinical practice, e.g. minimum of 8 hours/week of clinical, or combination of 4 hours/week clinical teaching plus 4 hours of clinical teaching or research;
  • no unresolved/non-frivolous complaints with the disciplinary board of your practice to include the National Physicians' Data Base and/or the Health Care Services Board;
  • staff appointment and/or admitting privileges at a JCAHO-approved hospital or health care organization (desirable, but not essential, if other criteria are met);
  • workers' compensation insurance coverage, where needed.

F. To report in writing to the Director of the Impartial Unit any change(s) in the your eligibility (see par. 7) which might adversely affect your ability to meet the basic qualifications for inclusion on the Roster such as cancellation, non-renewal, or restrictions on:

                    a. medical license; 
                    b. board certification; 
                    c. workers' compensation coverage.

G. To refer any requests for information or subpoenas for reports written by you for the Department to the Senior Judge.

H. To disclose to the Department in writing, on a continuing basis, whenever you are affiliated with any independent medical examination organization, or corporation of physicians, with a primary purpose to provide litigation-related examinations exclusive of treatment and follow-up evaluations; this disclosure enables the Department to assign you work which does not put you in conflict with work done on behalf of the claimant (or the adverse party) by a medical examination service with which you have the declared affiliation; to provide the Department with reports authenticated "Under the Pains and Penalties of Perjury" by your personal   signature.

I. To be available in a timely manner for a deposition with the understanding that:

  • requesting attorney schedules deposition directly for a time/location convenient to you;
  • depositions often take under 2 hours and are generally limited to cross-examination;
  • requesting attorney pays you for up to 3 hours of your time before deposition begins;
  • no deposition exceeds 3 hours duration without an agreement between you and all parties; or, unless deposition of longer duration is authorized in writing by the Administrative Judge who is hearing the case; neither statute nor regulation prohibits the parties from agreeing with you to a dollar amount sufficient to compensate you for the additional time you spend in a deposition.

J. Consistent with the above, to disclose to the Manager of the Impartial Unit, in writing, whenever the Board of Registration in Medicine places any restriction on your license to practice, or whenever any hospital discipline, civil action, or professional complaint concerning you is pending.

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