New York Court of Appeals
In the Matter of Dominic J. Belmonte v. Robert R. Snashall, as Chair of New York State Workers' Compensation Board
June 10, 20042 N.Y. 560
Summary
The New York Court of Appeals held that the term “board certified” in Workers’ Compensation Law §137 refers to certification by a medical specialty board, not to certification by the Workers’ Compensation Board, and affirmed that the Board’s regulations limiting certification to boards recognized by the ABMS or AOA are rational and therefore valid. The Court reversed the Appellate Division’s decision and dismissed the petitioners’ challenge.