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ROSENBLUM v. WORKERS' COMP

309 A.D.2d 120 (2003)

764 N.Y.S.2d 82

In the Matter of JAY A. ROSENBLUM, M.D., Appellant, v. NEW YORK STATE WORKERS' COMPENSATION BOARD, Respondent.

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

September 11, 2003.

Attorney(s) appearing for the Case

Kenneth L. Kutner of counsel, New York City (Scott I. Einiger on the brief; Law Offices of Kenneth L. Kutner and Hoffman, Einiger & Polland, attorneys), for appellant.

Kathleen M. Treasure of counsel, New York City (Wayne L. Benjamin on the brief; Eliot Spitzer, Attorney General, attorney), for respondent.

TOM, J.P., SAXE, LERNER and MARLOW, JJ., concur.

OPINION OF THE COURT

WILLIAMS, J.

Petitioner is a state-licensed neurologist who previously had been authorized to conduct independent medical examinations (IMEs) of injured workers for the New York State Workers' Compensation Board (the WCB). When the Injured Workers' Protection Act of 2000 (L 2000, ch 473 [the IWPA]) was passed, which, inter alia, imposed new requirements of board certification and WCB authorization for physicians seeking to conduct IMEs...

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