Section 351-4-4 - Fees for Independent Medical Examinations under 39-A M.R.S.A. section 3121. Independent medical examinations will have a maximum charge of $300.00 per hour up to a maximum of five hours for review of records and information, the performance of any necessary examinations, and the preparation of the written report. This charge does not include such diagnostic testing as may be necessary. Additional charges may be allowed with the consent of both parties or by the Executive Director or the Executive Director's designee for good cause shown. The fee for the examination and report must be paid by the employer. In the event the exam is scheduled to determine apportionment of responsibility between employers, the employer/insurer that requested the exam shall pay for the examination and report, unless otherwise agreed to by the requesting employer/insurer and any other employer/insurer that is a party to the proceeding. If an employee requests the exam, all employers/insurers that are parties to the proceeding shall, unless they agree otherwise, split the cost equally.2. If additional diagnostic tests are required, payment for such tests whether performed by the independent medical examiner or by another health care provider at the request of the examiner, shall be in accordance with the Board's Medical Fee Schedule and paid for by the employer.3. If the employee fails to attend the independent medical examination or if an examination is cancelled by the employee or employer within 48 hours of the scheduled time, the independent medical examiner may charge and receive up to $200. The independent medical examiner may also charge $200 per hour for up to three (3) hours of preparation time unless the examination is conducted at a later date. These charges shall be paid initially by the employer/insurer that requested the exam unless otherwise agreed to by the requesting employer/insurer and any other employer/insurer that is a party to the proceeding. If the employee requested the exam, all employers/insurers that are parties to the proceeding shall, unless they agree otherwise, split the cost equally. Payment of these charges is subject to the right of the employer(s)/insurer(s) to be reimbursed by the employee if the failure to appear or the cancellation by the employee was without good cause. This determination shall be made by the Administrative Law Judge.4. The reasonable costs of depositions of examiners, including the examiner's fees, court reporter's fees, and transcript costs, shall be borne by the requesting party.90- 351 C.M.R. ch. 4, § 4