New Hampshire Revised Statutes 281-A:47 – Examination by Physician
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I. When application is made to the commissioner, the commissioner may refer the injured employee to one or more duly licensed and impartial physicians or surgeons or may refer the injured employee to a medical facility for an examination, the results of which shall be reported to the commissioner. The physicians, surgeons, or medical facility shall receive a reasonable fee for services and reimbursement for necessary expenses, which shall be paid by the party requesting such an examination. However, in the event that an employee requesting such an examination prevails in the determination by the commissioner, the fee and expenses shall be paid by the employer.
II. If, in the judgment of the commissioner, additional expert medical evidence is required in any case, the commissioner may refer the injured employee to one or more duly licensed and impartial physicians or surgeons or to a medical facility for an examination, the results of which shall be reported to the commissioner. The physicians, surgeons, or medical facility shall receive a reasonable fee for services plus reimbursement for necessary expenses. The state shall pay any fee or reimbursement on vouchers approved by the commissioner unless, in the commissioner’s discretion, the commissioner determines that the employer should pay. The commissioner shall ordinarily accept as determinative the results of such a referral unless, after hearing, the commissioner specifically finds that the results do not accurately reflect the employee’s condition.
II. If, in the judgment of the commissioner, additional expert medical evidence is required in any case, the commissioner may refer the injured employee to one or more duly licensed and impartial physicians or surgeons or to a medical facility for an examination, the results of which shall be reported to the commissioner. The physicians, surgeons, or medical facility shall receive a reasonable fee for services plus reimbursement for necessary expenses. The state shall pay any fee or reimbursement on vouchers approved by the commissioner unless, in the commissioner’s discretion, the commissioner determines that the employer should pay. The commissioner shall ordinarily accept as determinative the results of such a referral unless, after hearing, the commissioner specifically finds that the results do not accurately reflect the employee’s condition.
Terms Used In New Hampshire Revised Statutes 281-A:47
- Commissioner: means the labor commissioner appointed as provided in RSA 273. See New Hampshire Revised Statutes 281-A:2
- employee: includes persons who regularly operate businesses or practice their trades, professions, or occupations, whether individually, or in partnership, or association with other persons, whether or not they hire others as employees. See New Hampshire Revised Statutes 281-A:2
- Employer: with respect to private employment, means:
(a) A person, partnership, association, corporation, or legal representative of a person, partnership, association or corporation who employs one or more persons whether in one or more trades, businesses, professions or occupations and whether in one or more locations. See New Hampshire Revised Statutes 281-A:2 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4