N.Y. Comp. Codes R. & Regs. tit. 12 § 300.11

Current through Register Vol. 46, No. 22, May 29, 2024

Section 300.11 - Physical examinations

(a) Physical examinations required under section 19 of the Workers' Compensation Law shall be made only by a physician employed or designated by the board or chair. Reports of such examinations shall be duly verified.

(b) When a physician has been designated to examine the claimant and report thereon, in accordance with the provisions of subdivision (e) of section 13 of the Workers' Compensation Law, the claimant shall be given reasonable notice by mail of the time and place where he or she is to appear for such examination. At such examination, neither the claimant, employer or carrier, nor the board shall have a representative present, except that the claimant may be accompanied by a lay member of his or her family. In the judgment and option of such examining physician such person may be excluded from the examination.

(c) All reports of such examinations shall be sworn to and copies in triplicate promptly sent to the board. A copy thereof shall be furnished by the board to each of the parties. The original of such report shall at a hearing be made a part of the case record by admitting it in evidence, and any party desiring shall be given the opportunity to question such physician on the contents of the report and relative thereto. A fee for appearance at a hearing of a physician designated under subdivision (e) of section 13 for testimony on such report shall be paid by the employer or carrier.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 300.11