All independent medical examinations shall be performed by an independent examiner competent to evaluate or examine the injury or disease from which the claimant suffers. An independent examiner is not eligible to perform an independent medical examination of a claimant if the independent examiner has treated or examined the claimant for the condition for which the examination is being requested, or if another member of the preferred provider organization or managed care provider to which the independent examiner belongs has treated or examined the claimant for the condition for which the examination is being requested.
The claimant has the right to videotape or otherwise record the examination.
The claimant has the right to be accompanied during the examination by an individual or individuals of his/her choosing.
The claimant has the right to be reimbursed for travel expenses to and from the examination site, if the examination was requested by the insurance carrier or employer.
A copy of each report of independent medical examination shall be submitted by the practitioner on the same day and in the same manner to the Workers’ Compensation Board, the insurance carrier, the claimant’s attending physician or other attending independent examiner, the claimant’s representative, if any, and the claimant.
Source: NYS Workers’ Compensation Board
