46.1. If the employer decides to interrupt payment of the short-term salary insurance plan benefit to an intermediate officer following a medical opinion issued by the employer’s physician in accordance with the provisions of the second paragraph of section 46, he shall notify the intermediate officer in writing. The intermediate officer then has ten days from receipt of the notice in which to express his disagreement, also in writing.
The intermediate officer or employer can then, within 5 days, request that the employer’s physician and the intermediate officer’s physician reconcile their opinions. The 2 physicians have 15 days from the date of the request of the employer or the intermediate officer to produce a written report. If they fail to agree or if the 15-day deadline has expired, the intermediate officer and the employer have 7 days to agree on the choice of an expert physician from a list of names drawn up under section 130.22 or, if both agree, whose name does not appear on the list. If the parties fail to agree on the choice of an expert physician, either may ask the Minister in writing to designate an expert physician. The Minister shall appoint an expert physician from the list or whose name does not appear on the list within 10 days after receiving the request. The expert physician appointed shall perform his duties in accordance with a procedure and time limits that may differ from those prescribed in Division 1 of Chapter 6, provided his decision is made not later than 15 days after his appointment.
The expert physician may base his decision on the documents forwarded to him, and may meet and examine the senior administrator if he considers it relevant. His decision is final, without appeal and binding on the employer and the intermediate officer.
The costs of the parties and the fees and honorarium of the expert physician shall be paid in accordance with the provisions of section 130.24 for cases covered by Division 1 of Chapter 6. The intermediate officer shall be on leave without pay for the duration of the procedures described in the first and second paragraphs until a final decision is made by the expert physician.
This procedure differs from the arbitration procedure used to establish invalidity after 104 weeks, as stipulated in section 65, and must in no case be confused with that procedure.
T.B. 196312, s. 35; M.O. 2007-007, s. 2.