Okla. Stat. tit. 85A, § 85A-112

A. The Workers' Compensation Commission shall create, maintain

and review a list of licensed physicians who shall serve as

independent medical examiners from a list of licensed physicians who

have completed such course study as the Commission may require. An

independent medical examiner must agree to examine an employee

within forty-five (45) days of appointment. The Commission shall,

to the best of its ability, include the most experienced and

competent physicians in the specific fields of expertise utilized

most often in the treatment of injured employees. The period of

qualification shall be two (2) years. Physicians may be qualified

for successive two-year periods. Physicians serving as independent

medical examiners on the effective date of this act shall serve the

remainder of their respective two-year qualification periods and may

reapply for successive qualification periods. The Commission may

remove an independent medical examiner from the list for cause.

B. An administrative law judge may appoint an independent

medical examiner to assist in determining any issue before the

Commission. In the event surgery is recommended by a treating

physician, upon request of the employer, an independent medical

examiner shall be appointed to determine the reasonableness and

necessity of the recommended surgery. Such independent medical

examiner shall be qualified to perform the type of surgery

recommended.

C. An independent medical examiner shall be selected from the

list of independent medical examiners within ten (10) days when the

employer or the employee petitions the Commission for the selection

of an independent medical examiner. The independent medical

examiner shall be certified by a recognized specialty board in the

area or areas appropriate to the condition under review.

D. The Commission shall, to the best of its ability, maintain a

geographic balance of independent medical examiners.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 127

E. Counsel for the employee and employer are responsible for

transmittal of the employee's medical records to the independent

medical examiner within ten (10) days of appointment.

F. After a physical examination and review of medical records

and other appropriate information, including depositions and

surveillance video, the independent medical examiner shall submit a

verified written report to the Commission and to the parties. In

the event the independent medical examiner determines that more

medical treatment is necessary, the employer shall designate a

treating physician to provide the indicated treatment.

G. Any independent medical examiner selected pursuant to the

provisions of this section shall be reimbursed for the medical

examination, reports and fees in a reasonable and customary amount

set by the Commission, and these costs shall be borne by the

employer.

H. The Commission shall create a review process to oversee on a

continuing basis the quality of performance and the timeliness of

the submission of medical findings by independent medical examiners.

I. If the Commission does not follow the opinion of the

independent medical examiner on any issue, the administrative law

judge or member of the Board of Review shall set out its reasons for

deviating from the opinion of the independent medical examiner. The

opinion of the independent medical examiner shall be followed unless

there is clear and convincing evidence to the contrary.

J. Upon receipt of an independent medical examiner's report,

any party shall have the right to object to the introduction of the

report into evidence. The objection must be made by giving written

notification to all parties and to the Commission within ten (10)

days after receipt of the report. The employer shall be responsible

for the reasonable charges of the physician for such testimony,

preparation time, and the expense of the deposition.