Okla. Stat. tit. 85, Rule 44
Independent Medical Examiners - Fees and Costs
Effective Jun 1, 2004Adopted 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, 2004 OK 24 , eff. June 1, 2004.
A. The respondent shall pay all fees for services performed by an independent medical examiner according to the following schedule:
- 1. An independent medical examiner who undertakes active treatment of the employee, shall be paid in accordance with the Court's Schedule of Medical and Hospital Fees.
- 2. Diagnostic tests shall be paid in accordance with the Court's Schedule of Medical and Hospital Fees.
- 3. The review of records and information, the performance of any necessary examinations, the preparation of progress reports, and the preparation of the verified or declared written report pursuant to Rule 20, shall be billed at the physician's usual and customary rate, not to exceed Three Hundred Dollars ($300.00) per hour or any portion thereof, not to exceed a maximum reimbursement of One Thousand Six Hundred Dollars ($1,600.00) per case. The Court may permit exception to this provision, for good cause shown.
- 4. Reimbursement for medical testimony given in person or by deposition shall be in accordance with the independent medical examiner's usual and customary charges, not to exceed Four Hundred Dollars ($400.00) per hour or any portion thereof, plus an allowance of Seventy-five Dollars ($75.00) for 15 minute increments thereafter. Preparation time shall be reimbursed at the examiner's usual and customary charge, not to exceed One Hundred Dollars ($100.00). A Four Hundred Dollar ($400.00) charge is allowable whenever a deposition or scheduled testimony is canceled by any party within three working days prior to the scheduled start of the deposition or scheduled testimony. The party canceling the deposition or scheduled testimony is responsible for the incurred cost.
- 5. Amounts owed to the independent medical examiner for services other than treatment are payable upon submission of the examiner's verified or declared written report. Amounts owed to the independent medical examiner for treatment are payable when treatment is rendered.
- 6. The independent medical examiner may charge and receive up to Two Hundred Dollars ($200.00), to be paid initially by the respondent in the event the employee fails to appear for any scheduled examination, or if the examination is canceled by the employee or the respondent within forty-eight (48) hours of the scheduled time. The respondent shall be reimbursed by the employee if the failure to appear or the cancellation by the employee was without good cause. The independent medical examiner may not assess a cancellation charge for appointments canceled by the examiner.
- 7. A physician may receive not more than Two Hundred Dollars ($200.00) in advance in order to schedule a deposition. The advance payment shall be applied against amounts owed for testimony fees.
- B. Any dispute regarding payment for services under subsection A of this Rule, rendered by a Court appointed independent medical examiner that cannot be resolved by the examiner and the parties themselves, may be submitted for resolution pursuant to Rule 1 of the Court Administrator's Rules (Form 18 Proceedings) or Rule 24 (Form 19 Proceedings) or mediation, as appropriate.
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, 2004 OK 24 , eff. June 1, 2004.