New York Regulations 300.2 3

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§ Physicians' examinations and reports



(a) An employer or carrier desiring to have the claimant examined by a qualified physician or other health care consultant under any provision of the Workers' Compensation Law, including sections 13a(4) and 19, shall give reasonable notice of the request for such examination, to the claimant, his or her attending physician and his or her attorney or licensed representative, if any. The place of such examination shall be fixed so as to be reasonably convenient to the claimant. No representative of the parties other than the physicians of each party shall be present at such examination except by mutual consent of the parties. A physician or other health care consultant who has previously treated or examined the claimant or consulted with the attending physician at the claimant's request concerning the case, shall not be designated by the employer or carrier, for the purposes of such examination.


(b) Written report of such examination duly sworn to, shall be filed by the employer or carrier with the board, and a copy thereof furnished to the attending physician and the claimant's attorney or representative, if any, within 10 days after the examination, or sooner if directed, except that in cases of persons examined outside the State, such reports shall be filed and furnished within 20 days after the examination.


(c) Copies of written reports of medical experts, made on behalf of any party without physical examination of the claimant, to be used for reference at a hearing, must be furnished to the referee and to all other parties or their representatives, if any, prior to that hearing.


(d) All medical reports in any pending claim for compensation, or true copies thereof coming into the possession of the employer or carrier, shall be filed with the board upon the order of the board.


(e) Upon failure of a party to file and furnish a medical report as required under subdivisions (b) and (c) of this section, its use by such party as evidence, may be precluded, unless such failure is excused by the board, for good cause shown or in the interest of justice.


(f) Upon failure of the employer or carrier to file a medical report as required under subdivision (d) of this section, the board may compel the production of such report by the issuance of a subpoena, and/or may refer such failure to the chairman for inclusion in the next performance rating report mentioning such employer or carrier, and/or may impose a penalty of $5 per day until the filing thereof, upon such employer or carrier, said penalty to be payable to the board for administration expenses under section 151 of the Workers' Compensation Law.