Date: July 22, 2004
The New York State Court of Appeals' June 10, 2004 decision in Belmonte v. Snashall affirmed the New York State Workers' Compensation Board regulations regarding independent medical examinations, specifically the definition of "board certified" contained in the regulations. The regulations define the term "board certified" as a "physician or surgeon who is certified by a specialty board that is recognized by the American Board of Medical Specialties or the American Osteopathic Association."
Please be advised that because the physicians listed below do not currently satisfy the "board certified" requirement in the regulations as they are not certified by the American Board of Medical Specialties (ABMS) or the American Osteopathic Association (AOA), their temporary authorizations to perform independent medical exams have been revoked, effective July 1, 2004. Reports of examination conducted through June 30, 2004 are permitted and the physicians entitled to payment. In addition, testimony and/or depositions concerning independent medical examinations conducted through June 30, 2004 may be provided.
Revoked Independent Medical Examinations Authorizations
Any questions regarding this matter should be referred to the Office of General Counsel at 518-486-7676.
David P. Wehner