23-901.03. Appointment of committee of medical consultants for claims; qualifications, powers, duties and compensation

A. For each case submitted by a claimant for compensation the commission may, or if requested by an interested party shall, appoint a committee of expert consultants on occupational diseases, three licensed physicians in good professional standing, each of whom shall have had at the time of appointment, and immediately prior thereto, at least five years' practice in the diagnosis, care and treatment of the particular disease or diseases for which the claim is submitted and the interpretation of x-ray films thereof.

B. The Arizona state medical association may, at least annually, certify to the commission the names of all licensed physicians within the state who have the qualifications specified in this section, and if such certification is made, then the appointment shall be made from the list so certified by the medical association.

C. There also shall be appointed by the commission an industrial hygienist to serve as an advisor to the committee. Such industrial hygienist shall render reports to the committee when asked to do so by the committee or the commission.

D. After filing a claim for compensation under this chapter for an occupational disease, the commission may, or if requested by an interested party shall, direct an examination of and report upon the claimant by the committee of expert consultants, or one of them, including such x-ray and other pathological examinations and tests as in their opinion may be necessary for the purpose of determining diagnosis, disablement, causal relation to the employment and the nature and type of medical treatment, hospitalization and other care required. If the claim is not controverted as to any medical fact, the examination and report of one member of the committee shall be deemed the examination and report of the committee. If the claim is controverted as to any medical fact, the report shall be made by the full committee after a physical examination by at least one member thereof. The findings and opinions of a majority of the committee shall constitute the findings and opinion of the committee. The contents of the report of the committee when placed in the record shall constitute prima facie evidence of fact as to the matter contained therein. The committee or any member thereof making the report shall be subject to examination upon demand of any interested party. Copies of the report shall be sent to all parties interested.

E. The committee, or any member thereof, in order to assist in reaching a conclusion may require the attending physician or director of a hospital or sanitarium or other place in which treatment or care is being given, or has been given, to attend at a convenient time and place to consult with the committee or any member thereof, and describe the nature and type of care and treatment and furnish any other evidence which the committee, or any member thereof, desires.

F. When a claim for death benefits is filed, the committee may examine all available evidence pertaining to the claim and may make findings and report thereon. The report shall constitute prima facie evidence of fact as to the matters contained therein.

G. The commission upon the application of an interested party shall direct the committee or a member thereof, to make examinations of claimants, review the findings of special medical examiners, read and review the files of compensation cases when necessary and render to the commission an opinion as to the findings in such cases.

H. The commission shall fix the compensation of the members of the committees and advisors for services rendered which shall be paid from the administrative fund.