{"data":{"id":"us-ok/okla.-stat.-tit.-85a-85a-112","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 85A, § 85A-112","heading":"Independent medical examiners","body":"A. The Workers' Compensation Commission shall create, maintain\n\nand review a list of licensed physicians who shall serve as\n\nindependent medical examiners from a list of licensed physicians who\n\nhave completed such course study as the Commission may require. An\n\nindependent medical examiner must agree to examine an employee\n\nwithin forty-five (45) days of appointment. The Commission shall,\n\nto the best of its ability, include the most experienced and\n\ncompetent physicians in the specific fields of expertise utilized\n\nmost often in the treatment of injured employees. The period of\n\nqualification shall be two (2) years. Physicians may be qualified\n\nfor successive two-year periods. Physicians serving as independent\n\nmedical examiners on the effective date of this act shall serve the\n\nremainder of their respective two-year qualification periods and may\n\nreapply for successive qualification periods. The Commission may\n\nremove an independent medical examiner from the list for cause.\n\nB. An administrative law judge may appoint an independent\n\nmedical examiner to assist in determining any issue before the\n\nCommission. In the event surgery is recommended by a treating\n\nphysician, upon request of the employer, an independent medical\n\nexaminer shall be appointed to determine the reasonableness and\n\nnecessity of the recommended surgery. Such independent medical\n\nexaminer shall be qualified to perform the type of surgery\n\nrecommended.\n\nC. An independent medical examiner shall be selected from the\n\nlist of independent medical examiners within ten (10) days when the\n\nemployer or the employee petitions the Commission for the selection\n\nof an independent medical examiner. The independent medical\n\nexaminer shall be certified by a recognized specialty board in the\n\narea or areas appropriate to the condition under review.\n\nD. The Commission shall, to the best of its ability, maintain a\n\ngeographic balance of independent medical examiners.\n\nE. Counsel for the employee and employer are responsible for\n\ntransmittal of the employee's medical records to the independent\n\nmedical examiner within ten (10) days of appointment.\n\nF. After a physical examination and review of medical records\n\nand other appropriate information, including depositions and\n\nsurveillance video, the independent medical examiner shall submit a\n\nverified written report to the Commission and to the parties. In\n\nthe event the independent medical examiner determines that more\n\nmedical treatment is necessary, the employer shall designate a\n\ntreating physician to provide the indicated treatment.\n\nG. Any independent medical examiner selected pursuant to the\n\nprovisions of this section shall be reimbursed for the medical\n\nexamination, reports and fees in a reasonable and customary amount\n\nset by the Commission, and these costs shall be borne by the\n\nemployer.\n\nH. The Commission shall create a review process to oversee on a\n\ncontinuing basis the quality of performance and the timeliness of\n\nthe submission of medical findings by independent medical examiners.\n\nI. If the Commission does not follow the opinion of the\n\nindependent medical examiner on any issue, the administrative law\n\njudge or member of the Board of Review shall set out its reasons for\n\ndeviating from the opinion of the independent medical examiner. The\n\nopinion of the independent medical examiner shall be followed unless\n\nthere is clear and convincing evidence to the contrary.\n\nJ. Upon receipt of an independent medical examiner's report,\n\nany party shall have the right to object to the introduction of the\n\nreport into evidence. The objection must be made by giving written\n\nnotification to all parties and to the Commission within ten (10)\n\ndays after receipt of the report. The employer shall be responsible\n\nfor the reasonable charges of the physician for such testimony,\n\npreparation time, and the expense of the deposition.","path":["OK Code","Title 85A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os85A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"07605bdc82c9b107a8034e131f46fdc5ae3e3e29c9ab5b25933d68029c24d824","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-85a-85a-111","next":"us-ok/okla.-stat.-tit.-85a-85a-113"},"notice":"GroundRules: Original legal text. Not legal advice."}