Section 325.51471. Multiple physician review.

(1) If an employer selects the initial physician to conduct a medical examination or consultation to determine if medical removal or restriction is appropriate, an employee may designate a second  physician to do both of the following:

(a)   Review the findings, determinations, or recommendations of the initial physician.

(b)    Conduct examinations, consultations, and laboratory tests as the second physician deems necessary and appropriate to evaluate the effects of formaldehyde exposure and to facilitate his or her review of the findings, determinations, or recommendations of the initial physician.

(2)   An employer shall promptly notify an employee of the right to seek a second medical opinion after each occasion  that   a  physician   who  is selected by the employer conducts a medical examination or consultation for the purpose of medical removal or restriction.

(3)   An employer may condition its participation in, and payment for, the multiple physician review mechanism upon the employee doing  both  of   the following within 15 days after receipt of the employer's notification, as required in subrule  (2)  of  this rule, or receipt   of  the    initial physician's written opinion, whichever is later:

(a)   Informing the employer that the employee intends to seek a second medical opinion.

(b)   Initiating steps to make an appointment with a second physician.

(4)   If the findings, determinations, or recommendations of a second physician differ from those of an initial physician, the employee and the employer shall ensure that efforts are made for the 2 physicians to resolve their disagreement. If the 2 physicians   are  unable  to  quickly   resolve  the  disagreement,   the  employer  and    the

employee,    through    their respective physicians, shall designate a third physician who shall  be   a specialist in the field at issue to do both of the following:

(a)     Review the findings, determination, or recommendations of the prior physicians.

(b)      Conduct examinations, consultations, laboratory tests, and discussions with the prior physicians as the third physician deems necessary to resolve the disagreement between the prior physicians.

As  an  alternative,   the  employer  and  the  employee     or     authorized       employee representative may jointly designate a third physician.

(5)    An employer shall act consistent with the findings, determinations, and recommendations of the third physician, unless the  employer  and  the employee  reach an  agreement  that   is  otherwise   consistent  with  the recommendations of at least 1 of the 3 physicians.

History: 1990 AACS; 1993 AACS.