Rule 67: Independent Medical Examiners — Selected by Agreement of the Parties

Sections 48-120, 48-134.01, 48-163, 48-164, R.R.S. 2021.

Effective date: July 1, 1997.

Rule 67(A)

A. Nothing in Rule 62 through Rule 66 shall prohibit the parties from agreeing to the use of an independent medical examiner who is not on the list of qualified independent medical examiners established by the court. If the parties agree to the use of an independent medical examiner, whether from the list of qualified independent medical examiners established by the court or otherwise, Rules 63 through 65 shall apply. Written notice of any such agreement shall be provided by the parties to the examiner and to the court on a form developed by the court. If the agreed upon examiner is not on the list of qualified independent medical examiners established by the court, the parties shall also obtain written agreement from the examiner that he or she will comply with Rules 63 through 65, and shall provide a copy of such agreement to the court.

Rule 67(B)

B. Any agreement between the parties to the use of an independent medical examiner shall specify the questions and issues to be submitted to the examiner for a finding.

Rule 67(C)

C. If the parties agree to the use of a particular named independent medical examiner and the independent medical examiner has submitted a written report stating findings on the questions or issues raised, no party may request court assignment of an independent medical examiner on the same questions or issues.