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MTR. OF BELMONTE v. SNASHALL

304 A.D.2d 211 (2003)

759 N.Y.S.2d 788

In the Matter of DOMINIC J. BELMONTE et al., Respondents, v. ROBERT R. SNASHALL, as Chair of New York State Workers' Compensation Board, et al., Appellants.

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

April 17, 2003.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Kathleen M. Treasure of counsel), for appellants.

Ganz, Wolkenbreit & Friedman L.L.P., Albany (Robert E. Ganz of counsel), for Dominic J. Belmonte and others, respondents.

Sullivan, Cunningham, Keenan, Mraz & Lemire, Albany (Mary Mraz of counsel), for Librada Santos, respondent.

Hiscock & Barclay L.L.P., Albany (Steven Volkheimer of counsel), for Donald J. Cally and others, respondents.

Colleran, O'Hara & Mills, Garden City (John S. Groarke of counsel), for New York State AFL-CIO, amicus curiae.

CREW III, PETERS, ROSE and KANE, JJ., concur.

OPINION OF THE COURT

MERCURE, J.P.

Workers' Compensation Law § 137 (3) (a) requires that "[o]nly a New York state licensed and board certified physician, surgeon, podiatrist or any other person authorized to examine or evaluate injury or illness by the board" perform independent medical examinations (hereinafter IMEs) in connection with workers' compensation claims.1 Petitioners, licensed physicians whose practices consist...

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