Section 325.51877. Employee right to second medical opinion; resolution of differing opinions; alternate form of physician determination.

(1) If an employer selects the initial physician to conduct a medical examination or consultation provided to an employee pursuant to these rules, the employee may designate a second physician to do    both  of the following:

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

(b)   Conduct such examinations, consultations, and laboratory tests as the second physician deems necessary to facilitate this review.

(2)   An employer shall promptly notify an employee of the right to seek a second medical opinion after each occasion that an initial  physician provided by the employer conducts a medical examination or consultation pursuant to these rules. The employer may condition its participation in, and payment for, multiple physician review upon the employee doing both of the following within 15 days after receipt of this notice,  or  receipt   of the initial physician's written opinion, whichever occurs later:

(a)   Informing the employer that he or she intends  to seek a medical opinion.

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

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

resolve their disagreement, then the employer and   the  employee,   through their respective physicians, shall designate a third physician to do  both of the following:

(a)     Review any findings, determinations, or recommendations of the other 2 physicians.

(b)   Conduct such examinations, consultations, laboratory   tests,  and discussions with the other 2 physicians as the third physician deems necessary to resolve the disagreement among them.

(4)     An  employer    shall   act    consistently   with   the   findings, determinations, and recommendations of the  third   physician,   unless   the employer and the employee

reach an agreement that is  consistent    with    the recommendations of at least 1 of the other 2 physicians.

(5)   An employer and an employee, or designated employee representative, may agree upon the use of any alternate form of physician determination in place of the multiple physician review provided pursuant to the provisions of subrules (1) to (4) of this rule if the alternative is expeditious   and at least as protective of the employee.

History: 1993 AACS.