Rule 2.24. Reports of Court-Appointed Impartial Medical Examiners

The report of the findings of a court-appointed impartial medical examiner and/or a comprehensive independent health care review team shall be admissible as an exhibit of the court. The court shall provide copies of the report to the parties or their attorneys upon receipt. If a party elects to contest the findings of the report, notice of contest must be filed with the court within ten (10) days of receipt of the report. A notice of deposition to depose the impartial medical examiner, a subpoena issued to the examiner to appear in court at the next scheduled hearing, or a notice of objection signed by the contesting party and filed with the court, shall constitute a notice of contest as required by G.L. 1956 § 28-33-35 if filed with the court within ten (10) days of receipt of the report. The contesting party shall pay the cost of the deposition of the examiner, including any reasonable fee to the examiner, or the cost of the appearance of the examiner to testify before the court. If after hearing, the employee has successfully prosecuted her/his petition or has successfully defended, in whole or in part, any employer's petition, the employer shall reimburse the employee for the entire cost of the deposition or testimony of the author of the report, including any expert witness fee.