Frias v James, 2010 NY Slip Op 00301 (1st Dept. 2010)
“In support of their motion, defendants submitted evidence that plaintiff was suffering from restrictions of motion in his lumbar spine, and the opinion of defendants’ examining neurologist that such restrictions were attributed to degenerative causes. That opinion, however, was conclusory as it was advanced without any elaboration and without any reference to degeneration in the MRI reports reviewed”
The carrier should have paid the $350 and obtained a radiological review. It is as simple as that.
