Case name: New York, State of/Dept. of Corrections & Community Supervision, 120 NYWCLR 1379 (N.Y. WCB, Full Board 2020)
Ruling: The Full Board held that the record supported a finding that the claimant, a corrections office, had a 50 percent schedule loss of use (SLU) of the left arm and 42.5 percent SLU of the right arm after taking into account a 30 percent SLU of the right arm from a previous claim.
What it means: A carrier’s contention that it switched IME doctors for a second report because it was unable to schedule an examination with the original doctor does not constitute a sufficient excuse for the change where, as here, the carrier never requested an extension to obtain a second IME report from the original doctor. It is more likely that the carrier simply wanted to obtain a more favorable opinion from a second doctor.