Worker Can't Use Testimony of Expert as Treating Physician to Avoid IME Procedural Requisites

A New York appellate court ruled that the Workers’ Compensation Board properly declined to consider evidence from a worker’s medical expert because she qualified as an independent medical examiner, not a treating physician. Case: Matter of Feldman v. New York City Transit Authority, No. 534606, 04/27/2023, published. Facts: Naum Feldman worked for the New York City Transit Authority as a subway car inspector and repairperson. He filed a claim for workers' compensation benefits, alleging that he contracted COVID-19 at the workplace. Procedural history: The Transit Author...