Hamberger & Weiss LLP

Board Begins IME Study

The Workers’ Compensation Board is beginning its study of IME’s mandated by the 2017 legislation, which requires the Board to study IME utilization and submit a report to the Advisory Committee by early 2019. As a result, the Board is reaching out to stakeholders seeking input on concerns regarding IME exams, including quality, cost, potential fraud, as well as alternative methods for utilization/assignment of IME’s and practices followed in other states. Our partner, Susan R. Duffy, was invited by the Workers’ Compensation Board as the New York State Bar Association Defense Attorney Representative, along with claimant’s counsel, William Crossett, to participate in the information gathering phase. Susan participated in a conference call with Board participants on March 21, 2018 to discuss concerns from the defense perspective and will be submitting expanded written comments. Preserving the rights of employers and carriers in the selection and utilization of IME’s, and limiting Board involvement, is critically important in protecting your rights in defending claims, so we are appreciative of the opportunity to provide our input and expertise.

Please do not hesitate to contact Susan at sduffy@hwcomp.com with any comments or questions about the IME study.

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