Communication With Registry Physicians

(1) During the MIR physician selection process, registry physicians cannot render opinions as to the impairment rating to the subject injury to a party to the case in cases in which the physician’s name appears on the three-physician listing. MIR Registry physicians who have rendered an opinion as to the impairment rating to the subject injury to a party to the case must disclose the nature and extent of those discussions to the Program Coordinator immediately upon their selection as the MIR Registry physician. The Program Coordinator will determine whether or not a conflict of interest exists. Failure to disclose a potential conflict of interest may result in a physician’s removal from the MIR Registry. (2) If selected as the MIR physician, there shall be no communication with the parties or their representatives prior to the Program Coordinator’s acceptance and distribution of the final MIR Report, unless allowed by the Rules or approved by the Program Coordinator. Any approved communication, other than arranging for payment and the submission of medical records and the evaluation itself, shall be in writing with copies provided to all parties and the Program Coordinator. Failure by a MIR Physician to disclose such communications will subject the physician to penalties under these Rules. (3) A party who seeks the presence of the MIR physician as a witness at a proceeding for any purpose, by subpoena, deposition or otherwise, shall be responsible for payment for those services to the MIR physician. Deposition fees shall be in accordance with applicable state rules and laws. (4) This Rule shall also apply to any MIR physician selected to perform peer review.