Employer Waits Too Long to Assert Cross-Examination Right

A New York appellate court ruled that an employer waived its right to cross-examine a worker’s attending physician by waiting too long. Case: Matter of Lazalee v. Wegmans Food Markets Inc., No. 532932, 01/06/2022, published. Facts and procedural history: Thomas Lazalee worked as a truck driver for Wegmans Food Markets Inc., a self-insured employer. He established a workers’ compensation claim for an occupational disease to his right hand. Lazalee had surgery in October 2018 to repair a trigger thumb and carpal tunnel syndrome. Dr. Raymond Stefanich performed an approved surgery ...