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Session Laws, 1939
Volume 581, Page 1001   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 1001

claimant and the employer or his insurance carrier shall each
be entitled, at his own expense, to have present at all examina-
tions conducted by the Medical Board, a physician admitted to
practice medicine in the State who shall be given every reason-
able facility for participating in every such examination. If a
physician admitted to practice medicine in the State shall
certify that the employee is physically unable to appear at the
time and place designated by the Medical Board, the Board
shall, on notice to the parties, change the place and time of
examination to such other place and time as may reasonably
facilitate the examination of the employee. Proceedings shall
be suspended and no compensation shall be payable for any
period during which the employee may refuse to submit to such
examination.

The Medical Board shall, as soon as practicable after it has
completed its consideration of the case, report in writing its
findings and conclusions on every medical question in contro-
versy. If the date of disablement is controverted and cannot
be exactly fixed scientifically, the Medical Board shall fix the
most probable date, having regard to all the circumstances of
the case. The Medical Board shall also include in its report a
statement indicating the physician or physicians, if any, who
appeared before it, and what, if any, medical reports and
X-rays were considered by it.

32-I. The Medical Board shall file with the State Industrial
Accident Commission the records of all proceedings had be-
fore the Medical Board, including transcript of the testimony
of all witnesses appearing on behalf of the claimant and the
employer, together with its own report and findings upon all
medical questions involved in the claim. Included in such
record shall be the findings of the Medical Board, determining
the nature of the disease, the extent of injury and the degree
of disability sustained by the claimant.

Upon the filing of the record of the proceedings by the
Medical Board, the State Industrial Accident Commission
shall send a certified copy of such findings to the claimant or
claimants and to the employer and his insurance carrier, if
any. In the event that either the claimant or claimants or the
employer or the insurance carrier shall feel aggrieved by any
decision of the Medical Board, either party may, within thirty
(30) days after the filing with the State Industrial Accident
Commission of the record of the proceedings before the Medical
Board as herein provided, file a petition with the State In-
dustrial Accident Commission, requesting the State Industrial
Accident Commission to review the record and the proceed-
ings before the Medical Board. If no petition for review has
been filed with the State Industrial Accident Commission
within said thirty day period from the filing of the Medical


 

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Session Laws, 1939
Volume 581, Page 1001   View pdf image (33K)
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