Section 351-12-10 - Independent Medical Examination1.RequestsA.(1) If a §312 examination has been requested prior to the filing of the Joint Scheduling Memo, the parties shall state on the memo the date of the request, whether the request has been approved by the Board's Office of Medical and Rehabilitation Services, and, if approved, the name of the examiner and the date of the examination.(2) If a §207 examination has been requested prior to the filing of the Joint Scheduling Memo, the parties shall state on the memo the date of the request, the name of the examiner, and the date of the examination.B.(1) If a §312 examination has not been requested prior to the filing of the Joint Scheduling Memo, a request must be made no later than 30 days from the date of filing.(2) If a §207 examination has not been requested prior to the filing of the Joint Scheduling Memo, a request must be made no later than 30 days from the date of filing.C. A request for an extension of the 30-day period must be made in writing to the Administrative Law Judge no later than 30 days after a party receives significant medical evidence. The 30-day period may be extended by order of the Administrative Law Judge if the moving party demonstrates good cause. Good cause includes, but is not limited to, generation of significant medical evidence since the filing of the Joint Scheduling Memo. Good cause does not include failure to have exchanged relevant medical information in a timely manner pursuant to Board Rule Chapter 4, section 3. 2.Depositions An independent medical examiner may be deposed only by agreement of the parties or order of the Administrative Law Judge. If the Administrative Law Judge orders a deposition, it must be scheduled within 45 days after entry of the order permitting the deposition.
90- 351 C.M.R. ch. 12, § 10