Labor & Employment Law

Employee?s physician permitted to testify at Workers? Compensation Law hearing

Employee?s physician permitted to testify at Workers? Compensation Law hearing
Matter of Heather D. VanDam v New Paltz Central School District, 46 A.D.3d 1194, Appellate Division, Third Department,

The Workers? Compensation Board affirmed a determination by one of its administrative law judges rejecting the claim of Heather D. VanDam for workers? compensation benefits.

VanDam had attempted to demonstrate that her illnesses were causally related to her work as a teacher for the New Paltz Central School District by offering testimony and related documents by her physician, a licensed and board-certified internist. The Workers? Compensation Law Judge ruled that this evidence could not be considered since VanDam?s physician was not authorized to render medical care under the Workers? Compensation Law.

The Appellate Division reversed the Board?s determination.

Although, said the court, Section 13-b(1) of the Workers? Compensation Law provides that ?no person shall render medical care or conduct independent medical examinations under [the Workers? Compensation Law] without [the] authorization [of] the chair? the provision does not bar evidence from physicians who are not authorized to receive payment for treatment rendered to injured claimants. To bar such testimony ?would impermissively influence the selection of the physician by a workers? compensation claimant ? and would be contrary to the economic and humanitarian objectives of the Workers? Compensation Law.?

While the purpose of Section 13-b(1) is to insure the quality of the medical care and treatment rendered to injured claimants by limiting payment for such medical care and treatment to lawfully qualified persons under the Workers? Compensation Law, the Appellate Division held that ?it does not erect an evidentiary barrier to exclude the testimony and records of a claimant?s physician despite the fact that the physician has not been authorized to receive payments for his or her treatment of workers? compensation claims.?

Full post as published by New York Public Personnel Law on May 20, 2008 (boomark / email).