Thank you for sharing!

Your article was successfully shared with the contacts you provided.
http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46371 Justice Martin AN ARBITRATOR rejected a physician’s report on knee injury respondent sustained in an auto accident. The court ordered a new hearing, finding that the arbitrator’s “unsupported and conflicting conclusions” rendered her decision biased and arbitrary. The arbitrator had rejected the physician’s report because, among other things, it lacked an original signature. The arbitrator equated the physician’s stamped signature with the phrase “dictated but not read,” which indicates a tolerance for transcription errors and an indifference to accuracy of evidentiary submissions. Observing that the signature stamp did not suggest that the physician had not read his report, but rather that he did not sign each copy, the court noted that the physician’s sworn, signed affidavit reaffirmed his stamped report and cured any infirmity as to its authenticity. Rejection of the report when the affidavit stated that it was “made a part hereof” was arbitrary.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.