Rhode Island General Laws

R.I. Gen. Laws § 28-33-35 (2026)

Appointment of impartial medical examiner

✓ current as of July 2026

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(a) Any judge of the court may, at any time after an injury, on his or her own motion or on the request or petition of the employer or employee, appoint an impartial medical examiner or a comprehensive independent healthcare review team to act as a medical examiner, and the reasonable fee of the medical examiner for examinations under this section and/or § 28-33-34.1 shall be paid by the employer.

(b) Impartial medical examiners and/or comprehensive independent healthcare review teams shall provide guidance and make recommendations with respect to contested or disputed findings of fact concerning health care. Impartial medical examiners and/or comprehensive independent healthcare review teams may also make findings as to compliance of healthcare providers with medical care standards and protocols established by the medical advisory board. Unless previously approved by the board, treatment or diagnostic services that are not consistent with the medical care standards and protocols shall not be charged to the employer or employee. The report of the findings of the impartial medical examiner and/or comprehensive independent healthcare review team may be admissible as an exhibit of the court. The findings of the report shall become final and binding unless either party elects to contest the findings. Notice of the contest must be filed within ten (10) days of receipt of the report required to be provided pursuant to § 28-33-34.1(a). The contesting party shall pay the cost of the court appearance of the author of the report. In the event that the employee is the prevailing party, the employee shall be reimbursed for the entire amount paid by him or her for the court appearance of the author of the report.

Notes of Decisions

Cited in 3 cases, 1963–1985 · leading case: DeMarco v. M.A. Gammino Constr. Co., 492 A.2d 835 (R.I. 1985).

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DeMarco v. M.A. Gammino Constr. Co., 492 A.2d 835 (R.I. 1985). “General Laws 1956 (1979 Reenactment) § 28-35-24 provides that the Workers’ Compensation Commission may require an employee to be examined by an impartial physician “[wjhenever the testimony presented at any hearing indicates a dispute, or is such as to create doubt, as to the…”

Dart Ind., Inc.-Tupperware Co. v. Andrade, 276 A.2d 460 (R.I. 1971). “General Laws 1956, §§28-33-35. 28-35-22, and 28-35-24. These statutes authorize the appointment of impartial examiners and give the trial commissioner discretion to do so on his own motion or on the motion of a party to the proceeding.”

Zaccaria v. Paragon Worsted Co., 189 A.2d 690 (R.I. 1963). “1956, §§28-33-35 and 28-35-24, authority for such examination is also given by §28-35-22, which states: “Inspection of premises&emdash;Examination of Wage records&emdash;Medical examinations.”

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