Evidentiary issues and the impartial report

The impartial report is the only medical evidence allowed at a hearing, unless the administrative judge allows other medical reports into evidence.

Details

1. The report constitutes prima facie evidence of the matters contained in it.
    
2. "The report of the impartial medical examiner shall be admitted into evidence at the hearing."
    
3. "Failure of an employee to report to an impartial physician agreed upon or appointed under this section or under section eight, after due notice and without cause, and failure to submit to such examiner all relevant medical records, medical reports, medical histories and any other relevant information requested without good reason, shall constitute sufficient cause for suspension of benefits pursuant to section forty-five."
    
4. "The fact that the impartial examiner has not treated the employee shall not constitute sufficient reason for finding any report of an impartial medical examiner inadequate."
    

MGL c. 152, § 11A(2).

Practice note

There are numerous Reviewing Board decisions that explain many of the grounds upon which the submission of additional medical evidence is authorized by an administrative judge.