§ 28-33-35 - Appointment of impartial medical examiner. - Rhode Island Statutes

SECTION 28-33-35

   § 28-33-35  Appointment of impartialmedical examiner. – (a) Any judge of the court may, at any time after an injury, on his or her ownmotion or on the request or petition of the employer or employee, appoint animpartial medical examiner or a comprehensive independent health care reviewteam to act as a medical examiner, and the reasonable fee of the medicalexaminer for examinations under this section and/or § 28-33-34.1 shall bepaid by the employer.

   (b) Impartial medical examiners and/or comprehensiveindependent health care review teams shall provide guidance and makerecommendations with respect to contested or disputed findings of factconcerning health care. Impartial medical examiners and/or comprehensiveindependent health care review teams may also make findings as to compliance ofhealth care providers with medical care standards and protocols established bythe medical advisory board. Unless previously approved by the board, treatmentor diagnostic services that are not consistent with the medical care standardsand protocols shall not be charged to the employer or employee. The report ofthe findings of the impartial medical examiner and/or comprehensive independenthealth care review team shall be admissible as an exhibit of the court. Thefindings of the report shall become final and binding unless either partyelects to contest the findings. Notice of the contest must be filed within ten(10) days of receipt of the report required to be provided pursuant to §28-33-34.1(a). The contesting party shall pay the cost of the court appearanceof the author of the report. In the event that the employee is the prevailingparty, the employee shall be reimbursed for the entire amount paid by him orher for the court appearance of the author of the report.