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Medical arbitration

Medical arbitration is the process by which a pedagogue appeals a decision made by the DOE medical office. Members may be eligible for medical arbitration once they have been denied a Line of Duty Injury (LODI) for at least 20 consecutive days.

You must file for arbitration within 10 business days of receiving a LODI denial letter from the DOE medical office. If you disagree with the findings and want to challenge the outcome, apply for medical arbitration using this form and read our instructions entitled “Your LODI has been medically denied,” which includes step-by-step guidance. 

Once you apply for arbitration, you will be added to a waiting list to see an independent medical doctor who will function as a neutral arbitrator for your case. Please be aware that the wait to see an arbitrator is very long, currently more than a year, as there are many applicants and a limited number of arbitrators. The doctor will examine you in person, review all your medical documentation, and consult with both your personal doctor and the DOE doctor in order to come to a decision.

Because the arbitrator is an independent agent, half their fee is paid by the DOE and half paid by you. Your share for this service is currently $800, which must be paid on the day of your medical examination.

The question the arbitrator must consider is whether the decision of the DOE doctor in denying your LODI was “reasonable.” As this language is somewhat subjective, it can be difficult to predict a favorable outcome on your behalf.

After the exam, the arbitrator will issue a decision to grant you all, some or none of your LODI. This decision is final, binding on you, the UFT and the DOE. There are no additional opportunities to appeal. If the arbitrator finds in your favor, you will be awarded all your lost CAR days and/or salary that you should have received if your LODI had been approved when you originally applied.

If you are eligible for arbitration and wish to pursue an appeal, you should take the following steps:

  1. Apply by filling out and uploading the application into the HR portal.
  2. Read our guidance document describing the process (above).
  3. Continue to provide ongoing medical documentation to the DOE as you await the exam.
  4. Speak to either a leave representative at your borough office, or Thomas Bennett, the liaison to the DOE medical office.  He can be reached at tbennett [at] uft [dot] org (tbennett[at]uft[dot]org).