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MATTER OF HUTCHINS v. CALLANAN INDUSTRIES

293 A.D.2d 902 (2002)

741 N.Y.S.2d 297

In the Matter of the Claim of GERALD HUTCHINS, Respondent, v. CALLANAN INDUSTRIES et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided April 18, 2002.

Rose, J.

At a hearing to consider whether claimant was disabled to the degree reported by his treating physician, the Workers' Compensation Law Judge (hereinafter WCLJ) granted the employer's workers' compensation carrier a two-month adjournment to conduct an independent medical examination (hereinafter IME) of claimant and produce a report. Although its expert examined claimant on August 10, 2000 and prepared a report dated August 16, 2000, the carrier did not file...

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