DUVALL v. EXPRESS EMPLOYMENT PROFESSIONALS

Citations

• 2025 OK CIV APP 24

Syllabus

¶1 Petitioner Bonnie Lou Duvall (Claimant) seeks review of a Workers' Compensation Commission order which affirms the administrative law judge (ALJ)'s denial of her request for appointment of an independent medical examiner. After de novo review, we agree with the ALJ, the Commission, and Respondents Express Employment Professionals and AIU Insurance Co. (Employer). Title 85A O.S. 2021 §112 (C) does not mandate the appointment of an independent medical examiner anytime an employer or employee requests one. The ALJ may appoint an independent medical examiner to assist in determining any issue before the Commission. Id. , §112(B). If, upon an employer or employee's request for an independent medical examiner, the ALJ determines an appointment is warranted, the ALJ shall select the independent medical examiner within ten days. Id. , §112(C). The denial of Claimant's request for an independent medical examiner is not affected by error of law or clearly erroneous in view of the reliable, material, probative and substantial competent evidence. Accordingly, we sustain.