An interesting article from David Barshay in today’s law journal – an interesting read

The intersection of workers’ compensation and New York no-fault insurance law creates complex challenges for practitioners. When experienced legal commentators like David Barshay publish analysis on fee schedule changes, it signals significant developments that will ripple through both practice areas. Understanding these regulatory shifts is crucial for attorneys handling no-fault cases, as fee schedules directly impact reimbursement rates and claim strategies.

Fee schedule modifications don’t occur in isolation. They reflect broader policy decisions about healthcare costs, insurance coverage, and the balance between provider compensation and system sustainability. For no-fault practitioners, staying current with these changes isn’t just recommended—it’s essential for effective client representation.

Jason Tenenbaum’s Analysis:

Dave wrote an interesting article in the today’s law journal. I would pay close attention to his observations about the new fee schedule. Also, while I have not blogged about the new fee schedule, I would HIGHLY recommend that you: i) purchase the new fee schedule; ii) hold it side by side to the current fee schedule; and iii) think about some of the changes that have been made. There is a lot going on, and if you are not on top of some of the changes and the interelationship between no-fault and what is happening on the workers compensation side of the coin, then I can honestly say that you are not representing your client well. I mean that by the way.

Also, if Dave Barshay writes something, you should read it simply because you will probably see the arguments raised a whole host of times in various briefs, memos of law, moving, answering papers and in decisions from the courts.

Key Takeaway

David Barshay’s legal commentary often becomes foundational to future court arguments and decisions. His analysis of fee schedule changes reveals important connections between workers’ compensation and no-fault insurance that practitioners must understand to effectively represent their clients.

Related Articles

• Understanding regulatory amendments and their impact on no-fault practice
• CPLR 3212(g) paradigm for no-fault summary judgment motions
• Critical timing rules for summary judgment motions under CPLR 3212(a)
• No-fault verification requirements and compliance standards
• New York No-Fault Insurance Law

Legal Update (February 2026): Since this 2010 analysis of fee schedule changes, New York’s no-fault insurance fee schedules have undergone multiple revisions and amendments. Practitioners should verify current fee schedule provisions, reimbursement rates, and regulatory requirements, as significant modifications to both workers’ compensation and no-fault billing structures have occurred over the intervening years.