§ 137. Independent medical examinations. 1. (a) A copy of each report\nof independent medical examination shall be submitted by the\npractitioner on the same day and in the same manner to the board, the\ninsurance carrier, the claimant's attending physician or other attending\npractitioner, the claimant's representative and the claimant.\n (b) If a practitioner who has performed or will be performing an\nindependent medical examination of a claimant receives a request for\ninformation regarding the claimant, including faxed or electronically\ntransmitted requests, the practitioner shall submit a copy of the\nrequest for information to the board within ten days of receipt of the\nrequest. Nothing in this subdivision shall be construed to abrogate the\nattorney-client privilege.\n (c) Copies of all responses to such requests for information as are\ndescribed in paragraph (b) of this subdivision, including all materials\nwhich are provided in response to such a request, shall be submitted by\nthe responding practitioner to the board within ten days of submission\nof the response to the requestor. Nothing in this subdivision shall be\nconstrued to abrogate the attorney-client privilege.\n 2. In any open case where an award has been directed by the board for\ntemporary or permanent disability at an established rate of compensation\nand there is a direction by the board for continuation of payments, or\nany closed case where an award for compensation has been made for\npermanent total or permanent partial disability, a report of an\nindependent medical examination shall not be the basis for suspending or\nreducing payments unless and until the rules and regulations of the\nboard regarding suspending or reducing payments have been met and there\nis a determination by the board finding that such suspension or\nreduction is justified.\n 3. (a) Only a New York state licensed and board certified physician,\nsurgeon, podiatrist or any other person authorized to examine or\nevaluate injury or illness by the board shall perform such independent\nmedical examination. Where a claimant resides out of state a\npractitioner qualified to examine or evaluate injury or illness by the\nboard shall perform such independent medical examination.\n (b) Any practitioner performing the independent medical examinations\nshall be paid according to the fee schedule established pursuant to\nsection thirteen of this chapter.\n 4. All independent medical examinations shall be performed in medical\nfacilities suitable for such exam, with due regard and respect for the\nprivacy and dignity of the injured worker as well as the access and\nsafety of the claimant. Such facilities must be provided in a convenient\nand accessible location within a reasonable distance from the claimant's\nresidence.\n 5. All independent medical examinations shall be performed by a\npractitioner competent to evaluate or examine the injury or disease from\nwhich the injured worker suffers. Such examination shall be performed by\na practitioner who is licensed and board certified in the state of New\nYork or any other person authorized to examine or evaluate injury or\nillness by the board.\n 6. No practitioner examining or evaluating a claimant under this\nchapter nor any supervising authority or proprietor nor insurance\ncarrier or employer may cause, direct or encourage a report to be\nsubmitted as evidence in workers' compensation claim adjudication which\ndiffers substantially from the professional opinion of the examining\npractitioner. Such an action shall be considered within the jurisdiction\nof the workers' compensation fraud inspector general and may be referred\nas a fraudulent practice.\n 7. The claimant shall receive notice by mail of the scheduled\nindependent medical examination at least seven business days prior to\nsuch examination. Such notice shall advise the claimant if the\npractitioner intends to record or video tape the examination, and shall\nadvise the c
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.