Radiology Today, P.C. v New York Cent. Mut. Fire Ins. Co., 2011 NY Slip Op 52452(U)(App. Term 2d Dept. 2011)
The carrier is delaying for an MRI film from an MRI facility. What is the basis? Lack of causal relationship? Seeking to obtain the film at the workers compensation rate of $5.00 per sheet, as opposed to having to pay market rate during discovery in the personal injury matter?
Here are the facts and the holding.
“Contrary to plaintiff’s contention, the affidavit of defendant’s litigation examiner, submitted in support of defendant’s motion, established that defendant had timely mailed its requests and follow-up requests for verification (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]; Delta Diagnostic Radiology, P.C. v Chubb [*2]Group of Ins., 17 Misc 3d 16 [App Term, 2d & 11th Jud Dists 2007]), and that plaintiff had failed to provide the MRI films which, among other things, defendant’s requests for verification had sought.”
