<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".08" citation="COMAR 14.09.03.08" title_num="14" subtitle_num="09" chapter_num="03" heading="Medical Examinations.">
  <paragraph num="A.">
    <text>Medical Examinations Ordered by the Commission.</text>
    <paragraph num="(1)">
      <text>The Commission may order that the claimant be examined, at the Commission's expense, by the Commission's medical examiner or by some other physician, psychologist, or psychiatrist selected by the Commission.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The claimant shall report to the office of the examining physician at the time scheduled by the physician for the examination.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If the claimant is physically unable to report to the physician's office, the examination may be conducted wherever the claimant is located or is physically able to report.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>When the examining physician's report is filed, the Commission shall serve on all parties:</text>
      <paragraph num="(a)">
        <text>A copy of the report; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A notice that any written objection to the report shall be filed within 15 days after the date of the notice.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>A written objection may be made by written letter filed with the Commission and shall state clearly the reasons for objecting to the examining physician’s report.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>If no written objection is timely filed, the Commission may consider the report, along with any other admissible evidence presented, in deciding the claim.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>If an objection is timely filed, the Commission shall schedule a hearing on the matter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Medical Examination Requested by a Party.</text>
    <paragraph num="(1)">
      <text>A party may schedule a medical examination of the claimant with a physician, psychologist, or psychiatrist chosen by the party, by providing to the claimant and claimant's counsel reasonable notice of the examination in writing.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The party scheduling a medical examination of the claimant shall be responsible for all reasonable expenses associated with the examination.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The parties shall, in good faith, attempt to resolve any differences in scheduling and scope of examination.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A claimant shall appear for a scheduled medical examination.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>If a claimant fails to appear, refuses to submit, or fails to cooperate with the medical examination, the party requesting the examination may file an Issues form for a hearing to compel a medical examination and for reimbursement of reasonable expenses and costs.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>If a claimant fails to appear at, refuses to submit to, or fails to cooperate with the medical examination, without good cause, the Commission may order the claimant to attend a medical examination and order reimbursement of the reasonable expenses and costs actually incurred because of the missed examination.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Appearance by Examining Physician. A party requesting the appearance of an examining physician, psychologist, or psychiatrist at a hearing shall pay the appearance fee imposed by the provider.</text>
  </paragraph>
</regulation>