No Exam, No Disability

Simply put, an insurance company is not liable to pay lost wage benefits unless evidence of disability, based upon a physical examination, exists.

This means that a doctor cannot take a claimant out of work based on a phone call.  Even if the doctor writes a note stating that person is disabled, it will not be considered by a Judge unless it is based on a physical examination of the same date.

You must see a doctor, be examined, and have a medical report issued as a result of that exam indicating that you are disabled.  Without this, any claim for lost time will be denied.

While this presents a problem since making an appointment with a physician can take days and sometimes weeks, it is imperative that the doctor’s office understand that without an exam you cannot be paid for your claimed lost wages.

If you have questions about any aspect of your New York State Workers’ Compensation case, please feel free to contact our office.