Sec. 14.09.03.07. Disclosure of Medical Information

A. Parties' Continuing Duty to Disclose Medical Information.

(1) When a claim or an issue is filed with the Commission, each party promptly shall provide to all other parties copies of all relevant medical information in the possession of the party or that is subsequently received by the party, but not previously provided.

(2) For the purpose of this regulation, medical information in the possession of, or received by, the party's agent or attorney is considered to be in possession of the party.

(3) The duty to disclose applies to all medical information including reports, evaluations, tests, and bills, and continues during the pendency of the claim.

B. Duty to Provide Medical Authorization.

(1) Unless the Commission orders otherwise for good cause shown, a party shall provide to any other party, on written request, a medical authorization or release.

(2) The parties shall, in good faith, attempt to resolve any issues concerning the scope of the requested medical authorization or release.

(3) Failure to comply with this regulation may result in sanctions including attorneys’ fees and costs, delay, and the exclusion of any evidence not properly disclosed.

C. Motion to Compel Medical Authorization.

(1) Upon the failure of a party to provide an executed medical authorization, the party seeking the medical authorization may file a Motion to Compel Medical Authorization form.

(2) A Motion to Compel Medical Authorization shall:

(a) Be filed electronically;

(b) Be served by hand delivery or facsimile on all parties of record; and

(c) Contain the claimant's name, date of accident/disablement, the health care provider's name, and the body parts or medical conditions to which the authorization/release applies.

(3) A party may oppose the motion by filing a Response to Motion to Compel Medical Authorization form.

(4) A Response to Motion to Compel Medical Authorization shall:

(a) Be filed within 7 days after receipt of the motion;

(b) Be filed electronically;

(c) Be served by hand delivery or facsimile on all parties of record; and

(d) State with particularity the reasons for failing to provide the requested medical authorization;

(5) The motion shall be decided on the papers filed.