Apple Tree Acupuncture, P.C. v Allstate Ins. Co., 2013 NY Slip Op 50413(U)(App. Term 2d Dept. 2013)
“In the instant case, defendant failed to establish, as a matter of law, that the amount it had paid plaintiff was the maximum amount permitted by the workers’ compensation fee schedule for acupuncture services rendered by a chiropractor and that defendant had properly denied the remaining portion of each of the claims at issue.”
If you do not put the fee schedule in your papers or seek judicial notice of same, dire consequences may arise.