Key Takeaway
Court enforces summary judgment when medical provider fails to timely apply to Workers' Compensation Board in New York no-fault insurance case
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.
A.B. Med. Servs., PLLC v American Tr. Ins. Co., 2012 NY Slip Op 50764(U)(App. Term 2d Dept. 2012)
“Plaintiffs appealed from so much of the order as denied without prejudice their motion for summary judgment and held the action in abeyance. On appeal, by order dated June 18, 2009, this court modified the District Court’s order “by striking the provision denying without prejudice plaintiffs’ motion for summary judgment and by remitting plaintiffs’ motion to the District Court to be held in abeyance pending a prompt application to the Workers’ Compensation Board for a determination of the parties’ rights under the Workers’ Compensation Law. In the event plaintiffs fail to file proof with the District Court of such application within 90 days of the date of the order entered hereon, the District Court shall deny plaintiffs’ motion and grant reverse summary judgment in favor of defendant dismissing the complaint unless plaintiffs show good cause why the complaint should not be dismissed” (A.B. Med. Servs., PLLC v American Tr. Ins. Co., 24 Misc 3d 75, 76 ; see LMK Psychological Servs., P.C. v American Tr. Ins. Co., 64 AD3d 752 ).
Since plaintiffs did not demonstrate that a proper application for workers’ compensation benefits had been made in accordance with the Workers’ Compensation Law (see e.g. Workers’ Compensation Law § 33) within the time provisions set forth in this court’s order dated June 18, 2009, they failed to establish that they had complied with this court’s order. Accordingly, the order, insofar as appealed from, is affirmed.”
Related Articles
- Understanding CPLR 3212(a): Critical Timing Rules for Summary Judgment Motions in New York
- The CPLR 3212(g) paradigm
- Reasonable excuse satisfied despite claim of lack of personal jurisdiction
- No-Fault Verification Requirements: When Partial Compliance Isn’t Enough
- New York No-Fault Insurance Law
Legal Update (February 2026): The procedural requirements and timelines for Workers’ Compensation Board applications referenced in this 2012 decision may have been modified through subsequent regulatory amendments or case law developments. Practitioners should verify current Workers’ Compensation Law provisions and applicable court procedural rules regarding summary judgment practice in cases involving potential workers’ compensation coverage issues.
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
Keep Reading
More No-Fault Analysis
Car Accident Recorded Statement in New York: Should You Give One?
The at-fault driver's adjuster wants a recorded statement within days of a New York car accident — and that call is designed to weaken your case.
Apr 5, 2026
Who Pays Car Accident Medical Bills in New York? A Step-by-Step Guide
New York no-fault PIP, primary health insurance, Medicaid/Medicare, and litigation liens — the full payment ladder for car-accident medical bills.
Apr 5, 2026
Corporate v. individual
New York appellate court reinforces the long-standing rule that corporate officers must sign contracts individually to assume personal liability for business obligations.
Dec 4, 2015
Is the Fee Schedule Really a Defense in New York No-Fault Cases?
Jason Tenenbaum's New York Law Journal analysis argues that the no-fault fee schedule defense fails when insurers miss timely denial deadlines — a critical Long Island practitioner...
Sep 29, 2010
EUOs/ $5000
Court rules healthcare providers cannot demand $5,000 upfront payment as condition for attending examinations under oath in no-fault insurance cases.
Jul 13, 2022
NJ Transit is estopped from relying on Hyatt
NY appellate court rules NJ Transit waived Eleventh Amendment immunity defense in no-fault insurance case, preventing federal sovereign immunity claims.
Jun 4, 2021Was this article helpful?
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.
