Matter of Ebanks v. Sing Sing Corr. Facility

Summary

The Appellate Division, Third Department, affirmed a Workers' Compensation Board decision refusing to preclude an independent medical examination report. The court held that the carrier substantially complied with Workers' Compensation Law § 137 and 12 NYCRR 300.2 despite the absence of an IME-3 form, because the IME-5 form and accompanying instructions provided the required information and were properly filed. The court concluded that the report could be considered in determining the claimant's schedule loss of use.

Holdings

1. The absence of an IME-3 form did not require preclusion where the carrier properly filed an IME-5 form with instructions that identified the purpose of the examination, the body parts to be examined, and the questions posed to the examiner, and the IME-4 form and report were timely filed and served.
2. The Workers' Compensation Board did not abuse its discretion in finding substantial compliance and permitting consideration of the April 2024 IME report.

Questions Presented

1. Whether the absence of an IME-3 form required preclusion of the carrier's independent medical examination report under Workers' Compensation Law § 137 and 12 NYCRR 300.2.
2. Whether the Workers' Compensation Board abused its discretion in finding substantial compliance with the applicable independent medical examination filing and notice requirements.

Disposition

affirmed