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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.

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