Spiotta v. Liberty Mutual Insurance

OPINION OF THE COURT

Joseph J. Sedita, J.

The matter before us appears to be a case of the first impression. A review of case law and commentaries has revealed no clear determination of the issue raised herein.

The facts of this case are relatively simple. Petitioner was injured in the course of her employment with United Parcel Service. Petitioner was examined by Dr. Alex Strasser who was the physician for her employer and its insurance carrier. Petitioner has filed a claim under the New York Workers’ Compensation Law. Petitioner’s attorney requested a copy of Dr. Strasser’s report, but has…