Workers Compensation from the First Department
First Department case on workers compensation defense in no-fault actions - when summary judgment motions should be held pending Workers Compensation Board determination.
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September 2017 Articles
13 articles published in September 2017
Workers Comp – trialble issue of fact.
New York appeals court ruling on workers compensation triable issues in no-fault insurance cases, examining employee status determination requirements.
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CPT Code 970309
Court rejects insurer's "out of scope" defense for CPT code 97039, finding triable issues regarding proper denial of no-fault acupuncture claim.
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No acupuncture fee schedule estoppel
NY court confirms acupuncturists are limited to chiropractor fee schedule rates regardless of prior payments at higher medical doctor rates in no-fault insurance claims.
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C.f. 20553
Court upholds insurer's application of workers' compensation fee schedule to CPT code 20553, highlighting ongoing disputes over proper billing methodologies in no-fault cases.
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Was there a basis for detailed disclosure?
Court rules plaintiff must comply with discovery demands after failing to timely object, absent showing information sought is palpably improper or privileged.
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IME no-show – it was not mailed
Court finds insufficient proof of IME mailing in no-fault case, highlighting importance of proper documentation when claiming patient no-show for scheduled examinations.
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The $200,000 bulge
Defense attorney's nightmare: $200,000 jury verdict for bulge disc under NY no-fault law's significant limitation and permanent consequential limitation prongs.
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3212(a) time period applies when motion is served
NY Court clarifies that CPLR 3212(a)'s 120-day rule for summary judgment motions runs from service date, not filing date, ending confusion among practitioners.
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Is post-judgment interest in a no-fault case 24% per annum or 9% per annum?
Learn whether post-judgment interest in New York no-fault cases is calculated at 24% annually (CPLR 5004) or 9% annually, based on recent appellate decisions.
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Mallela preservation
Court rules Mallela defense doesn't require timely denial preservation in no-fault insurance cases, contrary to plaintiff's argument in K.O. Med v USAA.
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The Civil King adjournment stipulation is not sacrosanct
Court ruling affirms discretion to consider late opposition papers in insurance cases when no prejudice exists, challenging rigid adherence to Civil King stipulations.
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Detailed search yields no insurance policy
Court rules that detailed affidavit describing insurance record search was sufficient to prove no coverage existed on accident date, shifting burden back to plaintiff.
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