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When can N.Y. Employers Transfer Physician Care of Injured Employees?

11 Jun, 2026 Frank Ferreri

                               
Compliance Corner

In New York, an injured employee may, when care is required, select to treat her any physician authorized by the chair to render medical care. But there are instances when an employer may transfer the care of an injured employee. As Simply Research subscribers know, such a transfer may occur under the following circumstances.

Employers in the Empire State have the right to transfer the care of an injured employee from the attending physician, whether chosen originally by the employee or by the employer, to another authorized physician if:

(1) The interest of the injured employee necessitates the transfer.

(2) The physician has not been authorized to treat injured employees under this act.

(3) He has not been authorized under this act to treat the particular injury or condition.

Arbitration Committee

An authorized physician from whom the case has been transferred shall have the right of appeal to an arbitration committee and if the arbitration committee finds that the transfer was not authorized, the employer shall pay to the physician a sum equal to the total fee earned by the physician to whom the care of the injured employee has been transferred, or such proportion of the fee as the arbitration committee shall deem adequate.

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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.

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