Kansas Statutes Chapter 44. Labor and Industries § 44-516. Medical examination by neutral healthcare provider

(a) Prior to the commencement of a prehearing settlement conference as required by K.S.A. 44-523(c), and amendments thereto, if the parties have not agreed upon a neutral healthcare examination or a neutral healthcare provider pursuant to subsection (c), the administrative law judge may appoint one neutral healthcare provider, who shall be of good standing and ability, to address diagnosis, treatment recommendations and temporary restrictions of the injury. The neutral healthcare provider selected by the administrative law judge pursuant to this section shall make such examination of the injured employee and shall issue a written report that shall be admitted into evidence in the matter without additional foundation.

(b) The appointed neutral healthcare provider shall not address the injured worker's permanent restrictions, impairment, permanent partial disability, job task loss, wage loss or permanent total disability status in any written report pursuant to subsection (a). Nothing in this section shall prevent the appointed neutral healthcare provider from addressing these issues if such healthcare provider is subsequently designated as the authorized treating healthcare provider.

(c) Nothing in this section shall prevent the parties from agreeing to a neutral healthcare examination by a neutral healthcare provider who shall be appointed by the administrative law judge. The neutral healthcare provider agreed upon by the parties shall issue a written report who shall be admitted into evidence in such matter without additional foundation.

(d) Any charges or costs levied by the neutral healthcare provider due to unreasonable late cancellation or missed appointment with the neutral healthcare provider may be taxed by the administrative law judge against the party responsible for the cancellation or missed appointment.