May a physician who does not practice acupuncture bill for the services of an acupuncturist he or she hires? That almost sounds like a question that I would start one of my appellate briefs with.
The Appellate Term, Second Department says “no” in Quality Med. Care, P.C. v New York Cent. Mut. Fire Ins. Co., 2010 NY Slip Op 50262(U)(App. Term 2d Dept. 2010).
You can read the case if you want, but it follows the logic of Justice Dollard’s opinion in St. Paul Travelers Ins. Co. v Nandi, 15 Misc 3d 1145(A)(Sup. Ct. Queens Co. 2007). I like the “c.f.” to Healthmakers Med. Group, P.C. v Travelers Indem. Co., 13 Misc 3d 136(A)(App. Term 1st Dept. 2006).
I will pass on offering my opinion on this one. You cannot have my opinion on every PIP issue now. I do not accept Pay Pal, sorry.
8 Responses
Shows how silly Mallela can be. If I gave you $25.00, would that change your mind about giving an opinion.
My opinions are worth more than $25.00. Try again…
Paypal….ROTFL
I only thought in our profession that criminal defense lawyers accepted Paypal. I guess I stand corrected.
What if I sign a disclaimer?
I believe a disclaimer would be void against public policy… Let me ask you this: would you want to possibly be in the position where you have to pay a credit company a non-promotional interest rate from 10-38% per annum for my opinion…
Only if you took paypal. I’d do just about anything to pay with paypal.
This poorly premised decision will not stand assuming leave is sought. The defendant’s papers will not read quite as well to a the Appellate Division, or any other court in the world for that matter.
Justices acting as Legislators, flouting statues and Legislative intent, ordering forfeiture of entire statutory causes of action with no statutory support.
Hopefully, this Term in particular will not be allowed to live in a bubble much longer.