Mass. Gen. Laws » Part I Title XXI Chapter 152
Massachusetts General Laws

Mass. Gen. Laws ch. 152, § 11A (2026)

Impartial medical examiners

✓ current as of July 2026
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Section 11A. (1) With the assistance of the medical consultant to the commissioner and the administrative judges, the senior judge shall periodically review and update a roster of impartial medical examiners who are certified specialists in various medical fields and who are willing to make prompt reports and be deposed as hereinafter provided. The department shall establish criteria for being named to and remaining on said roster.

(2) When any claim or complaint involving a dispute over medical issues is the subject of an appeal of a conference order pursuant to section ten A, the parties shall agree upon an impartial medical examiner from the roster to examine the employee and submit such choice to the administrative judge assigned to the case within ten calendar days of filing the appeal, or said administrative judge shall appoint such examiner from the roster. The insurer or any claimant represented by counsel who files such appeal shall also submit a fee equal to the average weekly wage in the commonwealth at the time of the appeal to defray the cost of the medical examination under this section within ten days of filing said appeal; provided, however, that where more than one party appeals, the fee shall be divided equally among all appealing parties; provided, further, that such amount paid by a claimant shall be refunded by the insurer to any claimant who prevails at the hearing.

The impartial medical examiner, so agreed upon or appointed, shall examine the employee and make a report at least one week prior to the beginning of the hearing, which shall be sent to each party. No hearing shall be commenced sooner than one week after such report has been received by the parties. The report of the impartial medical examiner shall, where feasible, contain a determination of the following: (i) whether or not a disability exists, (ii) whether or not any such disability is total or partial and permanent or temporary in nature, and (iii) whether or not within a reasonable degree of medical certainty any such disability has as its major or predominant contributing cause a personal injury arising out of and in the course of the employee's employment. Such report shall also indicate the examiner's opinion as to whether or not a medical end result has been reached and what permanent impairments or losses of function have been discovered, if any. Such impartial physician's report shall constitute prima facie evidence of the matters contained therein.

Failure of an employee to report to an impartial medical examiner agreed upon or appointed under this section or under section eight, after due notice and without cause, and failure to submit to such examiner all relevant medical records, medical reports, medical histories, and any other relevant information requested without good reason, shall constitute sufficient cause for suspension of benefits pursuant to section forty-five. The report of the impartial medical examiner shall be admitted into evidence at the hearing. Either party shall have the right to engage the impartial medical examiner to be deposed for purposes of cross examination. Notwithstanding any general or special law to the contrary, no additional medical reports or depositions of any physicians shall be allowed by right to any party; provided, however, that the administrative judge may, on his own initiative or upon a motion by a party, authorize the submission of additional medical testimony when such judge finds that said testimony is required due to the complexity of the medical issues involved or the inadequacy of the report submitted by the impartial medical examiner. The fact that the impartial examiner has not treated the employee shall not constitute sufficient reason for finding any report of an impartial medical examiner inadequate.

(3) The fee for the provision of a medical report by any impartial medical examiner engaged under this section shall be a reasonable amount approved by the commissioner, and shall be paid by the department to the physician promptly upon receipt of the report. The fee for the provision of a deposition by any impartial medical examiner engaged under this section shall be a reasonable amount approved by the commissioner, and shall be paid by the deposing party directly to the physician promptly upon receipt of the report; provided, however, that if the decision of the administrative judge is in favor of the employee, the cost of such deposition shall be added to the amount awarded to the employee and be paid by the insurer under the provisions of this chapter. In reviewing and updating said roster, the senior judge shall utilize the criteria developed by the health care services board pursuant to section thirteen.

Notes of Decisions
Cited in 62 cases (1 in the last 5 years), 1958–2025 · leading case: Neff v. Comm'r of the Dep't of Indus. Accidents, 653 N.E.2d 556 (Mass. 1995).
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Neff v. Comm'r of the Dep't of Indus. Accidents, 653 N.E.2d 556 (Mass. 1995). · cites it 15× “218 (1993) (Murphy I), G. L. c. 152, § 11A, provided in pertinent part: “(2) When any claim or complaint involving a dispute over medical issues is the subject of an appeal of a conference order pursuant to section ten A, the parties shall agree upon an impartial medical…”
Higgins's Case, 948 N.E.2d 1228 (Mass. 2011). · cites it 11× “Nabil Basta as the impartial physician to examine the employee and render an opinion in the form of a report as to the cause and extent of the employee’s injury pursuant to G. L. c. 152, § 11A (§ 11A report). 1 The self-insurer did not submit the § 45 report of its examiner Dr.”
Coggin v. Massachusetts Parole Bd., 678 N.E.2d 1206 (Mass. App. Ct. 1997). · cites it 4× “pursuant to G. L. c. 152, § 11A(2), which provides for the appointment of an impartial physician when a workers’ compensation claim involves a dispute over medical issues.”
Patterson v. Liberty Mut. Ins., 723 N.E.2d 1005 (Mass. App. Ct. 2000). · cites it 3× “No decision has explicitly recognized the proposition stated in the text as to the limitation on the information provided to an IME for use in formulating his opinion, but that conclusion seems logically inescapable based upon the cited regulations, as well as the statute (G. L.…”
Dalbec's Case, 867 N.E.2d 792 (Mass. App. Ct. 2007). · cites it 2× “4 In advance of the hearing and in accordance with G. L. c. 152, § 11A(2), 5 Dalbec underwent examination by a medical examiner on June 30, 2004.”
Benson's Case, 716 N.E.2d 153 (Mass. App. Ct. 1999). · cites it 5× “2 The insurer disagreed and claimed that because the matter involved a dispute over a medical issue, the appointment of an impartial medical examiner was dictated by G. L. c. 152, § 11A. The administrative judge ordered the insurer to pay G.”
Viveiros's Case, 758 N.E.2d 1066 (Mass. App. Ct. 2001). · cites it 4× “Pursuant to G. L. c. 152, § 11A(2), Dr. Medhat Kader was named as an IME 2 to examine Viveiros, which he did on May 1, 1996.”
Fitzgibbons's Case, 373 N.E.2d 1174 (Mass. 1978). “888 (1972); G. L. c. 152, § 11A. The judgment of the Superior Court is affirmed.”
Pilon Case, 866 N.E.2d 977 (Mass. App. Ct. 2007). “The administrative judge, sua sponte, allowed additional medical evidence pursuant to G. L. c. 152, § 11A(2). He believed that the § 11A report warranted supplementation where significant periods of the disability before and after the impartial physician’s examination were in…”
MacDonnell's Case, 971 N.E.2d 836 (Mass. App. Ct. 2012). · cites it 2× “See G. L. c. 152, § 11A(2). Moreover, the city had the opportunity to depose Dr.”
Tobin's Case, 675 N.E.2d 781 (Mass. 1997). “We conclude that the employee’s due process challenge lacks merit. 3. Retroactivity. The employee argues that St.”
Hicks's Case, 820 N.E.2d 826 (Mass. App. Ct. 2005). “G. L. c. 152, § 11A(2). Dr. Lehrich diagnosed the employee as having bilateral optic neuritis and myelopathy and opined that she was permanently disabled because of her blindness.”
Show all 62 citing cases →
— Mass. Gen. Laws ch. 152, § 11A(1) — 1 case
Westvaco Corp. Envelope Div. v. Campbell, 842 F. Supp. 1472 (D. Mass. 1994).
— Mass. Gen. Laws ch. 152, § 11A(2) — 16 cases
Coggin v. Massachusetts Parole Bd., 678 N.E.2d 1206 (Mass. App. Ct. 1997). “pursuant to G. L. c. 152, § 11A(2), which provides for the appointment of an impartial physician when a workers’ compensation claim involves a dispute over medical issues.”
Dalbec's Case, 867 N.E.2d 792 (Mass. App. Ct. 2007). “4 In advance of the hearing and in accordance with G. L. c. 152, § 11A(2), 5 Dalbec underwent examination by a medical examiner on June 30, 2004.”
Viveiros's Case, 758 N.E.2d 1066 (Mass. App. Ct. 2001). “Pursuant to G. L. c. 152, § 11A(2), Dr. Medhat Kader was named as an IME 2 to examine Viveiros, which he did on May 1, 1996.”
Patterson v. Liberty Mut. Ins., 723 N.E.2d 1005 (Mass. App. Ct. 2000). “No decision has explicitly recognized the proposition stated in the text as to the limitation on the information provided to an IME for use in formulating his opinion, but that conclusion seems logically inescapable based upon the cited regulations, as well as the statute (G. L.…”
Pilon Case, 866 N.E.2d 977 (Mass. App. Ct. 2007). “The administrative judge, sua sponte, allowed additional medical evidence pursuant to G. L. c. 152, § 11A(2). He believed that the § 11A report warranted supplementation where significant periods of the disability before and after the impartial physician’s examination were in…”
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