281-A:47 Examination by Physician. –
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.