1. A. Appointment of an independent medical examiner from the Court's list of independent medical examiners is governed by this rule. Appointments shall take into account the specialty, availability and location of the examiner.

2. B. The Court:

   1. 1. shall randomly appoint an independent medical examiner, as provided in 85 O.S., Section 17(A)(2), if the parties are unable to agree on the selection of an independent medical examiner following receipt of a timely notice of objection to the treating physician's report. The Court shall make the appointment within fifteen (15) days of a party's request for the appointment of an independent medical examiner. The examiner shall issue a verified written report addressing the issues; or
   2. 2. shall appoint an independent medical examiner if the claimant objects to the termination of temporary total disability benefits as provided in 85 O.S., Section 17(D)(10). The examiner shall determine if further medical treatment is needed, but shall not provide any such treatment; or
   3. 3. shall randomly appoint an independent medical examiner, as provided in 85 O.S., Section 201.1(B)(5), for prior authorization purposes, within seven (7) days of a request by the employee, if the employer and employee are unable to agree on the appointment of an independent medical examiner.

3. C. In order to be eligible for appointment, a qualified independent medical examiner:

   1. 1. shall not have a financial interest in the claimant's award; and
   2. 2. in a case involving permanent disability, shall not be a treating physician of the injured employee or have treated the injured employee with respect to the injury for which the claim is being made or the benefits are being paid.
4. D. Requests for the appointment of an independent medical examiner may be set for a prehearing conference, at the discretion of the Court.
5. E. The parties shall send prior Court orders involving the employee, any medical reports submitted by the parties, and other pertinent information to the independent medical examiner by regular mail within seven (7) calendar days of receipt of the Court order assigning the examiner. A copy of any medical report submitted by a party to the independent medical examiner shall be sent simultaneously to all opposing parties. The treating physician shall send the employee's medical records to the independent medical examiner within seven (7) calendar days of receipt of notice from the respondent of the appointment of the independent medical examiner. The expense of the treating physician's copy or copies is governed by 76 O.S., Section 19 and shall be borne by the employer. If necessary, the independent medical examiner may contact persons in whose possession the records or information is located solely for the purpose of obtaining such records or information. Nothing in this rule shall preclude the treating physician's medical records from being sent to the independent medical examiner by the parties.
6. F. An independent medical examiner may decline to accept the Court's appointment only for good cause shown.
7. G. Disputes relating to treatment provided or to be provided through a certified workplace medical plan, including requests for change of physician within the plan, shall be timely processed as provided by 85 O.S. Section 14.3(E), through the internal dispute resolution procedures of the certified workplace medical plan prior to pursuing remedies in the Workers' Compensation Court.

Adopted by order of the Supreme Court, 1997 OK 130, eff. November 1, 1997; Amended by order of the Supreme Court, 2000 OK 13, eff. April 15, 2000; Amended by order of the Supreme Court, 2006 OK 6, eff. January 30, 2006 (superseded document available ).