Subpoena the records
Court allows subpoena of expert witness billing records to show bias in personal injury case. Plaintiff entitled to cross-examination materials about doctor's financial interests.
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November 2017 Articles
15 articles published in November 2017
When a doctor crosses the line
Court limits treating physician's testimony when doctor crosses into biomechanical engineering expertise without proper disclosure under CPLR 3101(d).
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Mallela not supported
Court ruling shows lack of evidence for Mallela defense in no-fault insurance case involving professional corporation ownership and control requirements.
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Did his veteran status influence this decision?
Court examines whether veteran's PTSD and mental health issues should have triggered inquiry before accepting guilty plea in burglary case.
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Non objected to EUO
Court ruling clarifies insurers don't need objective reasons for EUO requests, but leaves unresolved what happens when medical providers object to examinations under oath.
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Discovery of the claims file – some limitations
Court rules on discovery limitations in no-fault insurance claims files, covering pre-disclaimer notes, attorney work product, and investigation manuals.
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Subsequent IME not allowed
New York court rules that subsequent IMEs require demonstrated necessity when initial examination reaches definitive conclusions in no-fault insurance cases.
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The injuries are “not-related” peer review in a 5102(d) case
Court accepts peer review in 5102(d) case where defendant successfully challenges causation claims using medical records showing no ACL injury and delayed treatment.
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Defaults…
Court denies motion to vacate no-fault insurance default judgment where provider's attorney cited heavy workload as excuse, ruling mere neglect insufficient under CPLR 5015.
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Court approves the chiro rate for Evaluation codes and consultation codes
Court approves chiropractor rates for evaluation and consultation codes in no-fault insurance case, upholding workers' compensation fee schedule reductions.
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By-Report
Court rules insurers must request additional documentation for "By Report" CPT codes before denying no-fault claims, addressing proper claim procedures.
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EUO no-show sustained, again
Sharp View Diagnostic Imaging v Esurance case highlights ongoing issues with EUO no-show claims and the distinction between bill delay letters and verification requests in NY no-fault law.
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30-days to hold the IME from the receipt of the billing
Court ruling confirms 30-day IME scheduling requirement under 11 NYCRR 65-3.5(d) in New York no-fault insurance cases, with analysis of precedent hierarchy.
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A staged accident raises an issue of fact
NY court rules staged accident allegations create factual issues requiring trial, rejecting insurer's summary judgment motion in no-fault case.
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A business record can be anything
Business records evidence rules in mortgage foreclosure vs no-fault insurance cases - examining CPLR 4518(a) requirements and court standards for affidavits.
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