Relates to eliminating the requirement that copies of the report of independent medical examination must be submitted to all parties in the same manner

3 Co-sponsors

• Neil D. Breslin
• Bill Perkins
• Diane J. Savino

Title of bill

An act to amend the workers' compensation law, in relation to eliminating the requirement that copies of the report of independent medical examination must be submitted to all parties in the same manner

Summary of specific provisions

The bill amends Worker's Compensation Law § 137(1) (a) to allow an independent medical examiner's report to be submitted to the Worker's Compensation Board in the manner set by the Chair of the Board on the same day it is submitted to the carrier, the claimant's physician, the claimant's representative and the claimant.

Existing law

Worker's Compensation Law § 137(1) (a) currently requires that an independent medical examiner's report be submitted on the same day and in the same manner to the Board, the insurance carrier, the claimant's attending physician or other attending practitioner, the claimant's representative and the claimant.

Prior legislative history

2008: S.8374 passed Senate (60-0)

Statement in support

The worker's compensation law requires that all parties receive a copy of a report of independent medical examination on the same day and in the same manner. This requirement achieves the objective of ensuring that a party is not served with a copy of the report on an earlier date or in a more expeditious manner of delivery to the advantage of another party. However, requiring service on the board in this same manner does nothing to further this stated objective. Furthermore, if one of the entities to be served cannot receive service electronically, by law the Board cannot be served that way either. Permitting service on the Board by another method, particularly by electronic submission, would accelerate the Board's ability to resolve case issues centered on medical evidence, would save the board scanning costs, and would enhance the breadth and quality of the board's data collection. This amendment is consistent with the objectives of Worker's compensation Reform Act of 2007 and the recommendations of the International Association of Industrial Accident Boards of Commissions (IAIABC) regarding speedy resolution of claims and reduction of costs.

Budget implications

The ability to receive IME reports electronically will result in cost savings to the Board.

Effective date

This bill will take effect immediately upon enactment.