NY: Section 137 Notice Only if IME

The Third Judicial Department of the Appellate Division of the New York Supreme Court held that the notice requirements of Workers' Compensation Law section 137 only apply where an independent medical examination (IME) is conducted. In Coratti v. Jon Josef Hair & Colour Group, No. 96987, 04/07/2005, John Coratti's employer submitted to the Workers' Compensation Board (the Board) a consultant's report regarding causation of his occupational disease. No independent medical examination (IME) was conducted and the consultant's report was based on a review of Coratti's medical records. Coratt...