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An interesting article from David Barshay in today’s law journal – an interesting read
No-Fault

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

By Jason Tenenbaum 2 min read

Why Trust This Analysis

This article is part of our ongoing no-fault coverage, with 271 published articles analyzing no-fault issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.

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.

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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.


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.

Legal Context

Why This Matters for Your Case

New York's no-fault insurance system, established under Insurance Law Article 51, is one of the most complex insurance frameworks in the country. Every motorist must carry Personal Injury Protection coverage that pays medical expenses and lost wages regardless of fault, up to $50,000 per person.

But insurers routinely deny valid claims using peer reviews, EUO scheduling tactics, fee schedule reductions, and coverage defenses. The Law Office of Jason Tenenbaum has handled over 100,000 no-fault cases since 2002 — from initial claim submissions through arbitration before the American Arbitration Association, trials in Civil Court and Supreme Court, and appeals to the Appellate Term and Appellate Division. Jason Tenenbaum is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.

His 2,353+ published legal articles on no-fault practice are cited by attorneys throughout New York. Whether you are dealing with a medical necessity denial, an EUO no-show defense, a fee schedule dispute, or a coverage question, this article provides the kind of detailed case-law analysis that helps practitioners and claimants understand exactly where the law stands.

About This Topic

New York No-Fault Insurance Law

New York's no-fault insurance system requires every driver to carry Personal Injury Protection (PIP) coverage that pays medical expenses and lost wages regardless of who caused the accident. But insurers routinely deny, delay, and underpay valid claims — using peer reviews, IME no-shows, and fee schedule defenses to avoid paying providers and injured claimants. Attorney Jason Tenenbaum has litigated thousands of no-fault arbitrations and court cases since 2002.

271 published articles in No-Fault

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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.

New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.

If you need legal help with a no-fault matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.

Filed under: No-Fault
Jason Tenenbaum, Personal Injury Attorney serving Long Island, Nassau County and Suffolk County

Reviewed & Verified By

Jason Tenenbaum, Esq.

Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2002, he has authored over 2,353 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.

Education
Syracuse University College of Law
Experience
24+ Years
Articles
2,353+ Published
Licensed In
7 States + Federal

Discussion

Comments (1)

Archived from the original blog discussion.

RZ
Raymond Zuppa
J.T. Jesus what fee schedule? There are two of them now? What does Worker’s Comp have to do with No Fault. J.T. I can honestly say that I am not representing my clients well. I am going to read that article. Purchase both fee schedules. Hold them side by side. And think. Can I think of Beyonce?

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