Premier Health Choice Chiropractic, P.C. v Praetorian Ins. Co., 2013 NY Slip Op 51802(U)(App. Term 1st Dept. 2013)
“sworn independent medical examination (IME) report of its examining chiropractor, which set forth a factual basis and medical rationale for the chiropractor’s stated conclusion that the assignor’s injuries were resolved and that the chiropractic treatment giving rise to plaintiff’s no-fault claim lacked medical necessity.”
Perhaps this is the first time that the Court has opined that a lack of medical necessity defense on an IME case requires proof that a factual basis and medical rational for showing that injuries were resolved.
