Relates to eliminating the requirement that copies of the report of independent medical examination must be submitted to all parties in the same manner.
Ayes (61): Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (1): Adams
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.
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:
2010: Died in Labor Committee 2009: Died in Labor Committee 2008: Passed Senate Unanimously
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.
The ability to receive IME reports electronically will result in cost savings to the Board.
This bill will take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2138 2011-2012 Regular Sessions IN SENATE January 18, 2011 ___________Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to eliminat- ing the requirement that copies of the report of independent medical examination must be submitted to all parties in the same manner THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 1 of section 137 of the work- ers' compensation law, as added by chapter 473 of the laws of 2000, is amended to read as follows: (a) (I) A copy of each report of independent medical examination shall be submitted by the practitioner on the same day and in the same manner to
[the board,]the insurance carrier, the claimant's attending physi- cian or other attending practitioner, the claimant's representative and the claimant. (II) A COPY OF THE REPORT OF INDEPENDENT MEDICAL EXAMINATION SHALL BE SUBMITTED TO THE BOARD IN THE MANNER OR MANNERS PRESCRIBED BY THE CHAIR ON THE SAME DAY THAT IT IS SUBMITTED TO THE INSURANCE CARRIER, THE CLAIMANT'S ATTENDING PHYSICIAN OR OTHER ATTENDING PRACTITIONER, THE CLAIMANT'S REPRESENTATIVE AND THE CLAIMANT. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06811-01-1