senate Bill S2138

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to labor
returned to senate
died in assembly
Jun 01, 2011 referred to labor
delivered to assembly
passed senate
May 09, 2011 advanced to third reading
May 04, 2011 2nd report cal.
May 03, 2011 1st report cal.438
Jan 18, 2011 referred to labor

Votes

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S2138 - Bill Details

Current Committee:
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §137, Work Comp L
Versions Introduced in 2009-2010 Legislative Session:
S3382

S2138 - Bill Texts

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

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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.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2138

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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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