Neb. Work. Comp. Ct. 65

As amended through November 11, 2024

Rule 65 - Independent Medical Examiners Fees And Costs

Words in italics are defined in Rule 49.

A. All fees with respect to services performed by an independent medical examiner shall be paid by the employer according to the following schedule.

1. The independent medical examiner shall bill his or her usual fees for services rendered as a medical examiner. Payment shall be the examiner's usual fee or the amount allowed under Rule 65,A,2, whichever is lower. The number of hours required shall be included with the bill, as well as a statement that the services were rendered as a court assigned or agreed to independent medical examiner. The bill shall include an explanation justifying the number of hours billed. The fee of the independent medical examiner shall be paid by the employer or its insurer within 30 days of receipt of the examiner's bill

2. The independent medical examiner shall receive up to $500 per hour up to a maximum of 10 hours for review of records and information, the performance of any necessary examinations, and the preparation of the written report.

3. 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 court's Schedule of Fees for Medical Services or Schedule of Fees for Hospitals and Ambulatory Surgical Centers, as applicable. If additional evaluations or examinations are required and performed by another health care provider at the request of the examiner, payment shall be in accordance with the above schedules.

4. An independent medical examiner may require prepayment from the employer of up to $500 prior to submitting a report on the issues submitted. Any additional amounts owed to the examiner are payable upon submission of the examiner's written report.

5. If an employee fails to appear for a scheduled examination, or if an examination is cancelled by the employee or the employer within 48 hours of the scheduled time, the independent medical examiner may charge and receive up to $500, to be paid initially by the employer, subject to the right of the employer to be reimbursed by the employee if the failure to appear or the cancellation by the employee was without good cause.

B. Any dispute regarding payment for services rendered by an independent medical examiner that cannot otherwise be resolved by the examiner and the parties themselves shall be submitted for informal dispute resolution.

C. The employer shall pay all necessary and reasonable expenses of the employee incident to such examination, such as transportation, lodging, meals, and loss of wages, and when required, shall advance necessary costs. If the employee fails to appear for the scheduled examination, such expenses shall not be paid again if the examination is rescheduled.

Sections 48-120, 48-134.01, 48-168, R.R.S. 2021.

Neb. Work. Comp. Ct. 65

Effective date:6/25/2021.