You are here: / / CLAIMANT HAD THE RIGHT TO CROSS-EXAMINE THE CARRIER’S CONSULTANT,...

CLAIMANT HAD THE RIGHT TO CROSS-EXAMINE THE CARRIER’S CONSULTANT, WHO DETERMINED CLAIMANT SUFFERED A 40% SCHEDULE LOSS OF USE, DESPITE THE FACT CLAIMANT NEVER FILED A COMPETING MEDICAL OPINION (THIRD DEPT)

The Third Department determined claimant’s counsel’s request to cross-examine the carrier’s consultant, who concluded claimant suffered a 40% schedule loss of use, should not have been denied on the ground claimant had not filed a competing medical opinion (C-4.3 form):

12 NYCRR 300.10 (c) provides, in relevant part, that “[w]hen the employer or its carrier or special fund desires to produce for cross-examination an attending physician whose report is on file, the referee shall grant an adjournment for such purpose.” As the Board correctly noted, although a claimant’s right to cross-examine a carrier’s consulting physician is not expressly referenced in the cited regulation, it “is permitted under tenets of due process” … . In this regard, a “claimant’s request for cross-examination is not invalidated by the failure to produce a C-4.3 [form]” … , but this right may be waived if not asserted in a timely manner … . Notably, “[t]he only requirement is that the request for such cross-examination must be timely made at a hearing, prior to the WCLJ’s ruling on the merits” … . Matter of Ferguson v Eallonardo Constr., Inc., 2019 NY Slip Op 05255, Third Dept 6-27-19

 

You might also like
THE PUBLIC HEALTH LAW REGULATIONS CONTROLLING HOW NURSING HOMES MUST ALLOCATE THEIR INCOME AND HOW MUCH PROFIT THEY CAN MAKE WERE DEEMED CONSTITUTIONAL TO THE EXTENT THEY WERE RIPE FOR CONSTITUTIONAL REVIEW (THIRD DEPT).
OWNERS OF BUSINESSES IN THE VICINITY OF THE PROPOSED CONSTRUCTION ALLEGED DECREASED PARKING SPACES, INCREASED TRAFFIC CONGESTION AND THE BLOCKING OF SCENIC VIEWS AS REASONS FOR OVERTURNING THE SEQRA NEGATIVE DECLARATION ALLOWING THE CONSTRUCTION; THE BUSINESS OWNERS DID NOT HAVE STANDING TO CONTEST THE DECLARATION (THIRD DEPT).
THE REPEAL OF THE RELIGIOUS EXEMPTION TO THE PUBLIC HEALTH LAW REQUIRING VACCINATION AGAINST MEASLES IS CONSTITUTIONAL (THIRD DEPT).
THE EVIDENCE SUPPORTED A CAUSAL CONNECTION BETWEEN THE STRESS CAUSED BY INTERACTION WITH CLAIMANT’S SUPERVISOR AND CLAIMANT’S HEART ATTACK (THIRD DEPT). ​
Family Court Improperly Delegated Its Responsibility to Set the Terms of Father’s Supervised Visitation
AFTER THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC) AND THE PERMIT APPLICANT CAME TO AN AGREEMENT, A REQUEST BY AFFECTED PROPERTY OWNERS FOR FURTHER ADJUDICATION OF ISSUES RELATING TO THE APPROVAL OF TWO DEVELOPMENT PROJECTS IN THE CATSKILLS WAS PROPERLY DENIED BY THE DEC COMMISSIONER (THIRD DEPT).
PLAINTIFF’S CLAIM FOR TREBLE DAMAGES IN THIS TIMBER TRESPASS ACTION SHOULD NOT HAVE BEEN DISMISSED, THERE EXIST QUESTIONS OF FACT WHETHER DEFENDANT MADE ADEQUATE EFFORTS TO ENSURE IT HAD THE LEGAL RIGHT TO HARVEST THE TIMBER (THIRD DEPT).
COUNTY COURT FOUND THAT DEFENDANT’S CONFESSION TO SEXUAL INTERCOURSE WITH THE VICTIM WAS NOT CORROBORATED AND DISMISSED THE RAPE COUNTS; THE THIRD DEPARTMENT EXPLAINED THE CRITERIA FOR CORROBORATION EVIDENCE AND FOUND IT SUFFICIENT TO SUPPORT THE RAPE CHARGES (THIRD DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

PAROLE BOARD MAY CONSIDER SUCH FACTORS AS REMORSE AND INSIGHT INTO THE OFFENSE,... A FACEBOOK ACCOUNT IS NOT AN ‘INTERNET IDENTIFIER’ WITHIN THE MEANING...