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Date: March 8, 2004
To: All Interested Parties
From: Paul R. Dionne, Executive Director
Workers' Compensation Board
Re: Section 312 IME Process
On February 12, 2004 , the Law Court issued a decision in Joseph Lydon v. Sprinkler Services et al. , 2004 ME 16, that disqualifies physicians from performing Section 312 exams if they have examined any employee under Section 207 within the 52 weeks preceding the examination. The Court stated:
In other words, by its plain language, the Legislature has decreed that any physician who has examined any employee pursuant to Section 207 within the past year is ineligible to serve as an independent medical examiner.
The Deputy Director of Medical and Rehabilitation Services forwarded questionnaires to all of the Independent Medical Examiners on the Board's List requesting data on how many, if any, exams they have performed in accordance with Section 207 during the past year. Attached is a list of the current 312 examiners. The list will be updated as physicians become eligible.
If you have any questions or concerns, please contact me or Elizabeth Inman at (207) 941-4550.