Legal Opinion

Belmonte v. Snashall

Appellate Division of the Supreme Court of the State of New York

Decided April 17, 2003PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Mercure, J.P.

Workers’ Compensation Law § 137 (3) (a) requires that “[o]nly a New York state licensed and board certified physician, surgeon, podiatrist or any other person authorized to examine or evaluate injury or illness by the board” perform independent medical examinations (hereinafter IMEs) in connection with workers’ compensation claims.1 Petitioners, licensed physicians whose practices consist primarily of conducting IMEs, challenge respondents’ determination that the term “board certified,” as used in Workers’ Compensation Law § 137, means certification by a…

2Cases cited9 opinions

  1. Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
  2. Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
  3. Riley v. County of BroomeNew York Court of Appeals · 2000
  4. In re the Claim of GruberNew York Court of Appeals · 1996
  5. Rosen v. Public Employment Relations BoardNew York Court of Appeals · 1988

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3Cited by4 opinions

  1. Belmonte v. SnashallNew York Court of Appeals · 2004
  2. Claim of Caldwell v. Alliance Consulting Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  3. Rosenblum v. New York State Workers' Compensation BoardAppellate Division of the Supreme Court of the State of New York · 2003
  4. Claim of Crisman v. Marsh & McLennan Companies, Inc.Appellate Division of the Supreme Court of the State of New York · 2004

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