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Independent medical examinations

Independent medical examinations
Olivier v Rockland Co., 260 AD2d 482

The Olivier case addresses the question of an employer?s right to require an ?independent medical examination? as a condition precedent to its making a determination concerning an employee?s application for disability benefits pursuant to Section 207-c of the General Municipal Law.

Frank Olivier, a corrections officer with the Rockland County Sheriff Department, claimed disability benefits pursuant to Section 207-c of the General Municipal Law as the result of a ?work-related illness.? Before the sheriff made any determination concerning providing Olivier with such benefits, Olivier filed an Article 78 action [Article 78, Civil Practice Law and Rules] seeking a court order directing Rockland County to classify his disability as work-related pursuant to Section 207-c and to pay him the benefits mandated by that law.

Olivier contended that he had prima facie established his entitlement to benefits, and therefore should be immediately awarded the benefits provided by law.*

The Appellate Division rejected Olivier?s argument that he was entitled to Section 207-c benefits upon his prima facie showing of a right to such benefits. The court observed that ?it is well settled that the County was not required to award benefits based on a prima facie showing of entitlement, but was permitted to order an independent medical examination before making a determination.? It cited the Court of Appeal?s decision in DePoalo v County of Schenectady, 85 NY2d 527, in support of its ruling.

In essence, the Appellate Division held that the employer is entitled to an opportunity to rebut an employee?s prima facie case that he or she is entitled to Section 207-c benefits and it may order the individual to submit to an ?independent medical examination? for this purpose.

Presumably the courts will apply the same reasoning to cases involve GML Section 207-a, which provides similar benefits to firefighters injured in the line of duty.

* If a party makes a prima facie case, it will prevail unless rebutted by evidence presented by the other side. In other words, if an individual establishes a prima facie case, he or she will win if no ?answer? is made to the allegation by the other party or if the evidence presented against the individual?s claim by the other party is unpersuasive.

Full post as published by New York Public Personnel Law on October 29, 2010 (boomark / email).