How is the MIR physician selected?

Once requested, the Program Coordinator will supply the parties with the names of Registry physicians. The listing provided will be comprised of physicians qualified, based on the information provided by the physician, to perform evaluations on the body part(s) and/or medical condition(s) designated on the application for an evaluation and who practice in the appropriate geographic area. If the parties agree with a physician on that listing, they should notify the Program Coordinator, who will schedule the appointment. If the parties do not agree on a physician, either party may request a three (3) physician listing.

Within five (5) business days of the receipt of the completed “Application for a Medical Impairment Rating” the Program Coordinator will produce a listing of three qualified physicians drawn from its Registry. Psychiatric or psychological evaluations regarding mental and/or behavioral impairment must be performed by a psychiatrist. To guarantee randomness, all physician listings will be derived from qualified physicians who have no conflicts of interest.

Within three (3) business days of the issuance of the three-physician listing by the Program Coordinator, the employer must strike one name and inform the employee and the Program Coordinator of that name. Within three (3) business days of the date of receipt of that name from the employer, the claimant must strike one of the two remaining names and inform the Program Coordinator and the employer of the name of the remaining physician, who will perform the evaluation. If one party fails to timely strike a name from the listing, the other party should notify the Program Coordinator, within ten (10) calendar days, and at the same time provide to the Program Coordinator the name that it wishes to strike. In that situation, the Division’s Medical Director may select one physician from the remaining two, and that physician will perform the evaluation. In all instances, the Program Coordinator will inform the parties of the name of the selected physician in writing.

If a selected physician is unable to perform the evaluation, the Division’s Medical Director will provide one replacement name to the original listing using the same criteria and process set forth above, and present that revised listing to the parties where each must again strike one name according to the procedures set forth. Additionally, if a physician is removed from the three-physician listing for any reason other than having been struck by one of the parties, the Division’s Medical Director will issue one replacement name using the same criteria set forth.

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