§ 28-33-35. Appointment of impartial medical examiner.
(a) Any judge of the court may, at any time after an injury, on his or her own motion or on the request or petition of the employer or employee, appoint an impartial medical examiner or a comprehensive independent healthcare review team to act as a medical examiner, and the reasonable fee of the medical examiner for examinations under this section and/or § 28-33-34.1 shall be paid by the employer.
(b) Impartial medical examiners and/or comprehensive independent healthcare review teams shall provide guidance and make recommendations with respect to contested or disputed findings of fact concerning health care. Impartial medical examiners and/or comprehensive independent healthcare review teams may also make findings as to compliance of healthcare providers with medical care standards and protocols established by the medical advisory board. Unless previously approved by the board, treatment or diagnostic services that are not consistent with the medical care standards and protocols shall not be charged to the employer or employee. The report of the findings of the impartial medical examiner and/or comprehensive independent healthcare review team may be admissible as an exhibit of the court. The findings of the report shall become final and binding unless either party elects to contest the findings. Notice of the contest must be filed within ten (10) days of receipt of the report required to be provided pursuant to § 28-33-34.1(a). The contesting party shall pay the cost of the court appearance of the author of the report. In the event that the employee is the prevailing party, the employee shall be reimbursed for the entire amount paid by him or her for the court appearance of the author of the report.
History of Section.P.L. 1912, ch. 831, art. 2, § 21; P.L. 1919, ch. 1795, § 2; G.L. 1923, ch. 92, art. 2, § 21; G.L. 1938, ch. 300, art. 2, § 21; P.L. 1941, ch. 1062, § 1; P.L. 1942, ch. 1194, § 1; P.L. 1949, ch. 2229, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-35; P.L. 1985, ch. 365, § 6; P.L. 1986, ch. 154, § 2; P.L. 1986, ch. 507, § 7; P.L. 1990, ch. 332, art. 1, § 3; P.L. 1992, ch. 31, § 5; P.L. 2014, ch. 78, § 5; P.L. 2014, ch. 87, § 5.
Structure Rhode Island General Laws
Title 28 - Labor and Labor Relations
Chapter 28-33 - Workers’ Compensation — Benefits
Section 28-33-1. - Employees entitled to compensation.
Section 28-33-1.1. - [Repealed.]
Section 28-33-2. - Injuries occasioned by willful intent or intoxication.
Section 28-33-2.1. - Injuries occasioned by employer-sponsored social or athletic activities.
Section 28-33-3. - [Repealed.]
Section 28-33-4. - Commencement of compensation.
Section 28-33-5. - Medical services provided by employer.
Section 28-33-6. - Failure to provide or accept medical services.
Section 28-33-7. - Health service provider reimbursement.
Section 28-33-8.1. - Managed care programs.
Section 28-33-9. - Order declaring employer liable for medical services.
Section 28-33-10. - “Dental, hospital, and medical services” defined.
Section 28-33-11. - Notice of hearings — Time of decision.
Section 28-33-12. - Death benefits payable to dependents.
Section 28-33-13. - Persons presumed wholly dependent.
Section 28-33-14. - Determination of dependency — Division of payments among dependents.
Section 28-33-15. - Relationship and dependency required.
Section 28-33-16. - Burial expenses.
Section 28-33-17.1. - Employees not entitled to compensation.
Section 28-33-17.3. - Fraud and abuse.
Section 28-33-18. - Weekly compensation for partial incapacity.
Section 28-33-18.1. - Employees not entitled to compensation for total incapacity.
Section 28-33-18.2. - Suitable alternative employment.
Section 28-33-18.3. - Continuation of benefits — Partial incapacity.
Section 28-33-19. - Additional compensation for specific injuries.
Section 28-33-20. - Computation of earnings.
Section 28-33-21. - Savings or other insurance not to be considered.
Section 28-33-22. - Minors employed in violation of law.
Section 28-33-23. - Persons to whom compensation payable in event of death.
Section 28-33-24. - Cessation of payments on death of employee.
Section 28-33-25. - Settlement for lump sum or structured-type payment.
Section 28-33-25.1. - Settlement of disputed cases.
Section 28-33-26. - Waivers of compensation void.
Section 28-33-27. - Immunity of claims from assignment or liability for debt.
Section 28-33-28. - Priority of claim over debts of employer.
Section 28-33-29. - Exercise of rights or privileges by guardian, conservator, or next friend.
Section 28-33-30. - Time for notice of injury to employer.
Section 28-33-31. - Contents of notice to employer.
Section 28-33-32. - Manner of serving notice.
Section 28-33-33. - Inaccuracies in notice — Want of notice as defense.
Section 28-33-34. - Physical examination by employer’s physician — Report.
Section 28-33-34.1. - Schedule of medical review.
Section 28-33-35. - Appointment of impartial medical examiner.
Section 28-33-36. - Payment of medical examiner’s fees.
Section 28-33-37. - Examination by impartial examiner — Reports.
Section 28-33-38. - Refusal to submit to examination.
Section 28-33-39. - Transportation costs for medical examination.
Section 28-33-40. - [Repealed.]
Section 28-33-41. - Rehabilitation of injured persons.
Section 28-33-41.1. - Review of rehabilitative program upon request or petition by employer.
Section 28-33-42. - [Repealed.]
Section 28-33-43. - Employer liability for property damage.
Section 28-33-44. - Continuation of health insurance benefits.
Section 28-33-45. - Coordination of benefits — Retirement benefits.