What is the process for obtaining the Medical Impairment Rating?
The following is a brief outline of the Workers’ Compensation Medical Impairment Rating process. This general information may not include all circumstances and is not meant as legal advice.
- Either party may request a physician from the Registry to perform an impairment evaluation. The requesting party is responsible for completing the “Application for a Medical Impairment Rating (MIR).” The requesting party must send a copy of this application to the other party and to the MIR Program Coordinator.
- After receiving the request, the Program Coordinator will supply the parties with the names of the independent and qualified Registry physicians who practice within the appropriate geographical area.
- If the parties agree on a selection from that listing, the requesting party should notify the Program Coordinator, who will schedule the appointment.
- If the parties cannot agree on a selection, either party may request a three (3) physician listing from the Registry by completing another “Application for a Medical Impairment Rating (MIR).” The requesting party must send a copy of this application to the other party and to the MIR Program Coordinator.
- Within five (5) calendar days of receiving this application, Program Coordinator will produce a listing of three (3) qualified physicians from its Registry and provide those names to the parties. The employer has three (3) business days to strike one name from the listing and to notify the employee and the MIR Program Coordinator. The employee then has three (3) business days to strike a name and to notify the Program Coordinator and the employer of the remaining name.
- If one party fails to timely strike a name, the other party should promptly notify the Program Coordinator of the name that it wishes to strike. The Division’s Medical Director may select one name from the remaining two, and that physician will perform the evaluation.
- In all cases, the Program Coordinator will notify the selected physician and will schedule the appointment.
- The claimant must promptly sign a release form permitting the release of all pertinent medical records. The parties must submit all pertinent medical records to the chosen physician at least ten (10) calendar days prior to the evaluation. In cases involving incomplete medical record submission caused by either party, the Commissioner may elect to reschedule the evaluation to allow the physician adequate time for record review. Otherwise, the physician will perform the evaluation and will issue an impairment rating utilizing the information made available to him/her within these time limits.
- The employer is responsible for pre-paying for the MIR evaluation the amount determined by the Program Coordinator and the Program Rules.
- The physician will submit the MIR evaluation report to the Program Coordinator, only. The Program Coordinator will forward copies to the parties.
- If a party wants to cancel the MIR evaluation, they should contact the Program Coordinator immediately. Only the Program Coordinator can cancel a MIR evaluation.