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Session Laws, 1982
Volume 742, Page 3285   View pdf image
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HARRY HUGHES, Governor

3285

investigated and heard the case and made its report and its
decisions with respect to all medical questions at issue.
The date of disablement, if in dispute, shall be deemed a
medical question.

The medical board, upon reference to it of a claim for
occupational disease, shall notify the claimant or claimants
and the employer to appear before it at a time and place
stated in said notice. At such hearing either party may
offer testimony of such witnesses as they may desire, which
shall become a part of the record of the proceedings before
the medical board. If the employee be living, he shall
appear before the medical board at the time and place
specified and shall then or thereafter submit to such
examinations, including clinical and X-ray examinations, as
the medical board may require. The claimant and the
employer or his insurance carrier shall each be entitled, at
his own expense, to have present at all examinations
conducted by the medical board, a physician admitted to
practice medicine in the State who shall be given every
reasonable 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 controversy. 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.]

28.

(A)(1) WHEN HEARING A CLAIM FOR OCCUPATIONAL DISEASE
THAT INVOLVES COMPLEX OR CONTROVERTED MEDICAL ISSUES, THE
WORKMEN'S COMPENSATION COMMISSION MAY REQUEST PROFESSIONAL
ASSISTANCE FROM AN APPROPRIATE PHYSICIAN WHOSE NAME APPEARS
ON THE ADVISORY LIST.

(2) ON REQUEST OF THE COMMISSION, THE PHYSICIAN

SHALL ADVISE THE COMMISSION AS TO CAUSALITY,

WORK RELATEDNESS, DECREE OF DISABILITY, DATE OF DISABILITY,
OR TO ANY OTHER ISSUE UPON WHICH THE COMMISSION SEEKS
ADVICE.

 

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Session Laws, 1982
Volume 742, Page 3285   View pdf image
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