Workers' Compensation Board Errs by Excluding Doctor's Report From Evidence

A New York appellate court ruled that the state Workers’ Compensation Board erred in excluding a doctor’s report from evidence. Gary Troiano suffered a wrist injury while working for the New York City Housing Authority, a self-insured employer. In March 2023, Dr. Vasilios Kountis opined that Troiano had a 42.5% schedule loss of use of the wrist. A workers’ compensation law judge accepted this rating. The Housing Authority sought administrative review, arguing for the first time that Kountis should have been considered an independent medical examiner and, because...