Section 10.08 - Medical Panel, Formation and Instruction to Panel(1) Except as provided in 840 CMR 10.09, upon receiving an application for disability retirement as defined by 840 CMR 10.06, the retirement board shall petition PERAC to schedule a medical examination of the member by a regional medical panel.(2) If a medical panel is requested by the retirement board as a result of a decision of the Division of Administrative Law Appeals or the Contributory Retirement Appeal Board a copy of the decision must be forwarded to PERAC along with the request for the appointment of a medical panel request.(3) Such regional medical panel shall consist of three physicians who shall not be associated as defined in M.G.L. c. 32, § 6(3), who shall be selected for the purpose of examining the member whose retirement is under consideration and shall, so far as practicable, be skilled in the particular branch of medicine or surgery involved in the case. PERAC shall appoint one of the three physicians as Medical Panel Coordinator to facilitate panel proceedings.(4) Such regional medical panel shall meet within 60 days after appointment by PERAC to conduct its examination. If the panel fails to meet within 60 days, PERAC shall require the three physicians to conduct such examinations separately. If PERAC determines that it is unlikely the medical panel will be able to meet within 60 days, PERAC may authorize separate examinations.(5) Upon request of a member, PERAC shall schedule separate examinations as soon as practicable thereafter. A request for separate examinations may be filed at any time. A request for separate examinations will not ordinarily be considered, however, if received by PERAC less than 48 hours prior to a scheduled examination by a regional medical panel unless the request is filed pursuant to the provisions of 840 CMR 10.10(5). PERAC shall so far as practicable schedule separate examinations with the same three physicians who were appointed to the regional medical panel unless the request is filed pursuant to the provisions of 840 CMR 10.10(5).(6) Upon designation of the regional medical panel, the retirement board shall send to each panel physician, prior to the examination, all information obtained pursuant to 840 CMR 10.09(1), and advise the panel of the availability and location of any other medical data or reports known to the retirement board. The retirement board shall also provide the medical panel with copies of all documents in the member's file that may be of assistance to the panel, including, without limitation, the following: (a) The statement of the member's physician;(b) The member's statement of duties;(c) The member's statement of background, qualifications and physical activities;(d) The department head's or employer's statement;(e) For accidental disability claims, the member's statement of circumstances of personal injury or hazard undergone;(f) For accidental disability claims, copies of any injury reports filed with the retirement board or the applicant's employer.(7) The medical panel shall not be provided with copies of the certificates and narratives of medical panels which previously examined the member or with copies of decisions by the Division of Administrative Law Appeals or the Contributory Retirement Appeal Board involving the member.(8) The applicant shall be responsible for providing X-rays, EKG tracings and other records that cannot readily be photocopied to the Medical Panel Coordinator designated by PERAC who shall forward such information to the other two panel physicians. The applicant is responsible for making the necessary arrangements for the return of these materials to the proper facility or treating physician.Amended by Mass Register Issue 1308, eff. 3/11/2016.