Relates to eliminating the requirement that copies of the report of independent medical examination must be submitted to all parties in the same manner.
Sponsor: SAVINO / Committee: LABOR
Law Section: Workers' Compensation Law / Law: Amd S137, Work Comp L
Sponsor: SAVINO / Committee: LABOR
Law Section: Workers' Compensation Law / Law: Amd S137, Work Comp L
S2138-2011 Actions
- Jan 4, 2012: REFERRED TO LABOR
- Jan 4, 2012: returned to senate
- Jan 4, 2012: died in assembly
- Jun 1, 2011: referred to labor
- Jun 1, 2011: DELIVERED TO ASSEMBLY
- Jun 1, 2011: PASSED SENATE
- May 9, 2011: ADVANCED TO THIRD READING
- May 4, 2011: 2ND REPORT CAL.
- May 3, 2011: 1ST REPORT CAL.438
- Jan 18, 2011: REFERRED TO LABOR
S2138-2011 Meetings
Labor: May 3, 2011S2138-2011 Calendars
Active List: Jun 1, 2011 , Floor Calendar: May 4, 2011 , Floor Calendar: May 9, 2011 , Floor Calendar: May 10, 2011 , Floor Calendar: May 11, 2011 , Floor Calendar: May 16, 2011 , Floor Calendar: May 17, 2011 , Floor Calendar: May 18, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011S2138-2011 Votes
VOTE: COMMITTEE VOTE:
- Labor
- May 3, 2011
Ayes (14): Robach, DeFrancisco, Gallivan, Grisanti, Johnson, Marcellino, Martins, Peralta, Addabbo, Dilan, Gianaris, Perkins, Rivera, Smith
Ayes W/R (2): Alesi, McDonald
VOTE: FLOOR VOTE:
- Jun 1, 2011
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
S2138-2011 Memo
BILL NUMBER:S2138 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: 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. 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.
S2138-2011 Text
S T A T E O F N E W Y O R K
2138 2011-2012 Regular Sessions I N 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
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