Section 9020.100  Medical Examinations

a)         Notice of Medical Examination

            The petitioner need not present himself for any examination requested by the respondent unless the name and address of the examining physician and surgeon is furnished the petitioner in writing at the time the request for such examination is made.

b)         Cost to Petitioner

            The costs and expenses incurred by the petitioner as a result of submitting to an examination requested by the respondent shall be reimbursed him in the manner and amount provided in Section 12 of the applicable act.

c)         Impartial Medical Examination

1)         The Commission may order an impartial medical examination pursuant to Section 19(c) of the Act.  The Secretary of the Commission shall notify the Illinois State Medical Society in writing that an impartial medical examination has been ordered by the Commission and shall state the name and address of the person to be examined, the nature of the disputed condition and the type of medical specialist required.  The Illinois State Medical Society shall select an impartial physician and arrange the time and place of the examination and shall notify the secretary of the Commission.  The Secretary shall notify the parties and the impartial examining physician of time and place of the examination.

2)         The impartial examining physician shall examine the Petitioner named in the order and shall transmit his signed report to the Secretary and the attorneys for the parties within 20 days of the examination.  At the same time the physician shall return to the Secretary all the records and the data listed in the order and a statement for fees.

3)         Either party may request the testimony of the impartial examining doctor. The doctor shall be subject to cross-examination by each party.  If the testimony of the physician is requested, the impartial medical physician shall not be subpoenaed.  The parties shall notify the Secretary of the request for testimony and the Secretary shall notify the physician and all parties of when and where the physician is to testify.  The Commission may order the testimony of the physician by deposition only.

4)         Attorneys are to avoid direct contact with the impartial examining physician.

(Source:  Rule 2(10) (now Section 9020.100) renumbered from rule 2(9) at 6 Ill. Reg. 11909, effective September 20, 1982)