38-859

38-859. Medical boards; purposes; composition;
medical examinations

A. The purposes of a medical board are to:

1. Identify a physical or mental condition or injury that existed or occurred prior
to the member's date of membership in the system and for which benefits may otherwise be
limited by section 38-844, subsection D.

2. Evaluate a member's eligibility for an accidental disability pension.

3. Evaluate a member's eligibility for an ordinary disability pension.

4. Evaluate a member's eligibility for a temporary disability pension.

5. Evaluate a member's eligibility for a catastrophic disability pension.

B. For the purpose of determining a disability, the medical board shall be composed
of a designated physician or a clinic other than the employer's regular employee or
contractee. Employees employed after October 1, 1992 shall undergo a medical examination
for the purpose of identifying a physical or mental condition or injury that existed or
occurred prior to a member's date of membership in the system and for which benefits may
otherwise be limited by section 38-844, subsection D, and for this purpose, the medical
board shall be composed of a designated physician or a clinic that may be the employer's
regular employee or contractee.

C. A finding of accidental, ordinary, temporary or catastrophic disability shall be
based on medical evidence by a physician or clinic appointed by the local board pursuant
to section 38-847, subsection D, paragraph 9 that established the disability. The local
board shall resolve material conflicts in medical evidence. If required, the local board
may employ other physicians or clinics to report on special cases. With the approval of
the local board, a physician or clinic employed by the local board may employ
occupational specialists to assist the physician or clinic in rendering an opinion.

D. All employees shall undergo medical examinations before a physician or clinic
appointed by the local board pursuant to and for the reasons prescribed in this
article. An employee who fails to comply with this subsection waives all rights to
disability benefits under this article.

E. The examining physician or clinic shall report the results of examinations to
the local board, and the secretary of the local board shall preserve the report as a
permanent record. Medical examinations conducted pursuant to this article shall not be
conducted or utilized for the purposes of hiring, advancement, discharge, job training or
other terms, conditions and privileges of employment unrelated to the receipt of or
qualification for pension benefits or service credits under the system.

F. This section does not affect or impair the right of an employer to prescribe
medical or physical standards for employees or prospective employees.