Section 137 of the New York Workers’ Compensation Law and 12 NYCRR §300.2 governs Independent Medical Examinations. It is imperative that you, the IME physician and your vendor meet the requirements of Section 137 or you run the risk of having your IME report precluded by the WC Law Judge.
Nothing is more frustrating then receiving a favorable IME report and then finding out that a basic requirement in filing the report was not followed and therefore the report is likely to be precluded.
Section 137 has eleven specific requirements. The most common process flaws involve these two basic requirements:
1. 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 physician or other attending
practitioner, the claimant’s representative and the claimant
It is important that each of the above parties is sent the IME report, failing to send the report to one of the parties could result in the IME report being precluded.
2. The claimant shall receive notice by mail of the scheduled independent medical examination at least seven business days prior to such examination. Such notice shall advise the claimant if the practitioner intends to record or video tape the examination, and shall advise the claimant of their right to video tape or otherwise record the examination. Claimants shall be advised of their right to be accompanied during the exam by an individual or individuals of their choosing.
If you don’t provide the appropriate notice, expect the report to be precluded.
Did you follow the correct procedures but the claimant failed to appear for a scheduled Independent Examination? Here are some recommendations.
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