1. A. At any time during the pendency of an action but not less than thirty (30) days before a hearing, any party to the action may request the appointment of an independent medical examiner from the list of qualified independent medical examiners, even in the absence of any medical testimony supporting or contesting an issue. An independent medical examiner may be appointed less than thirty (30) days before a hearing if mutually acceptable to the parties. If the parties to a dispute request the appointment of an independent medical examiner selected by agreement from the list, the Court may appoint that independent medical examiner. The Court also may appoint an independent medical examiner on its own motion to assist the Court in resolving any medical issue.
2. B. If the parties to a dispute cannot agree on an independent medical examiner of their own choosing, the Court may appoint one from the list of qualified independent medical examiners maintained by the Court. Appointments by the Court from the list shall take into account the specialty and location of the 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. The parties are encouraged to request the appointment of an independent medical examiner at a prehearing conference in accordance with Rule 38.
5. E. Requests for the appointment of an independent medical examiner may be set for a prehearing conference, at the discretion of the Court.
6. F. The parties shall send information to the independent medical examiner pursuant to 85 O.S., Section 17(D)(5), by regular mail within seven (7) calendar days of receipt of the Court order assigning the examiner.
7. G. If a party makes a good faith effort to get medical records (including films) and the records are unobtainable, then a letter to this effect shall be sent to the examiner with copies to all other parties and the Court, together with information as to the known location of any such records or information not in either the attorney's or client's possession. 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.
8. H. An independent medical examiner may decline to accept the Court's appointment only for good cause shown.
9. I. Disputes relating to treatment provided or to be provided through a certified workplace medical plan shall be timely processed as provided by 85 O.S., Section 14.3 (C), through the internal dispute resolution procedures of the certified workplace medical plan prior to requesting the Court to appoint an independent medical examiner.

Adopted by order of the Supreme Court,