Metro 8 Med. Equip., Inc. v ELRAC, Inc., 2016 NY Slip Op 50174(U)(App. Term 1st Dept. 2016)
“The affidavit of defendant’s chiropractor/acupuncturist, who affirmatively stated that she does not maintain records of a claimant’s nonappearances at IMEs scheduled with her office, lacked probative value, since it failed to state the basis of her recollection, some 18 months later, that the assignor did not appear on the scheduled IME dates (see Westmed Physician, P.C. v State Farm Auto Ins. Co., 17 Misc 3d 133[A], 2007 NY Slip Op 52113[U] [App Term, 1st Dept 2007])”
The test for “basis of knowledge” requires a statement that I have reviewed my records and Assignor did not appear. Other verbiage is necessary, but a review of records is required. The providers advocate for production of these records on motion, but we are not there yet.
The better solution to avoid all of this is for the insurance carrier to require contemporaneous affidavits of no-shows. This solves the above issue.
