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.