Rule 62: Independent Medical Examiners — Appointment

Words in italics are defined in Rule 49.

A. Qualifications. To be eligible for appointment by the court to the list of qualified independent medical examiners the physician must:

1. be licensed and in good standing in Nebraska or the state in which he or she practices;

2. be highly experienced and competent in his or her specific field of expertise and in the treatment of work-related injuries; and

3. be knowledgeable of workers’ compensation principles and the workers’ compensation system in Nebraska, as demonstrated by prior experience and/or education.

B. Appointment. Appointment of physicians to the list of qualified independent medical examiners, and maintenance and periodic validation of such list shall be by a majority vote of the judges of the court.

C. Application for Appointment. To request appointment to the list of qualified independent medical examiners a physician shall complete and forward to court an application form provided by the court, and shall also verify that the physician, if appointed, will:

1. provide independent, impartial and objective medical findings in all cases that come before him or her;

2. decline a request to serve as an independent medical examiner only for good cause shown;

3. conduct an examination, if necessary, in order to render findings on the questions and issues submitted, within the time frame established in Rule 64,C;

4. submit a written report to the parties and the court within the time frame established in Rule 64,E;

5. accept as payment in full for services rendered as an independent medical examiner the fees established pursuant to Rule 65;

6. submit to a review pursuant to Rule 62,E; and

7. comply with all of the other provisions of Rule 62 through Rule 67 and section 48-134.01.

D. Disclosure. As part of the application the physician shall identify any employer, insurer, attorney, employee group, managed care plan, or representatives of any of the above to whom the physician is under contract or who regularly uses the services of the physician.

E. Review. The court may at its discretion review the performance of any physician appointed to the list of qualified independent medical examiners. Such review may include, but not be limited to, the timeliness of submission of medical findings, the quality of the reports submitted, and any other aspects of the performance of the examiner as determined by the court.