Senate Bill S3382

                                 BILL NUMBER:  S3382

 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.