I wish I had the record and the briefs on this one

Pomona Med. Diagnostics, P.C. v GEICO Ins. Co., 2011 NY Slip Op 50276(U)(App. Term 1st Dept. 2011)

“[t]he report of defendant’s peer review doctor, which relied on the assignor’s medical records , raised a triable issue of fact as to whether the services provided by plaintiff were medically necessary . Contrary to defendant’s contention, however, its submissions did not conclusively establish as a matter of law its defense of lack of medical necessity, and its cross motion was properly denied”.

I would love to find out what happened on this one. How did this differ from Enko v. Claredon?  Could someone send me the briefs and the record…

Thanks.

Facebook
Twitter
Email
Print

5 Responses

    1. I suspect Respondent did their homework on this one, but I am only left to speculate.

      I know from first-hand experience that the First Department reads the briefs carefully. That is why it took 3 months for them to rule on A-plus v. Mercury – incorrectly I still believe. I think Justice Klein-Heitler bought my arguments in that case, but was persuaded to rule against me by Justices McKeon and Schoenfeld. I actually was granted leave to go to the Appellate Division, but I left my then job and the rest is history, it appears to the detriment of my defense brethren.

  1. I would assume that the report was not very good but as compared to what. It is sort of like asking who was the smartest member of the Three Stooges. Actually like asking who was the dumbest Stooge.

    The reports are all ridiculous. The Letters of Medical Necessity are no better but should at least be given equal weight.

    I had one Peer Review say that it is impossible to tell whether the PT, Chiro or Acupuncture was providing the beneficial effect because it was all given at once so don’t pay for the Acupuncture treatment.

    I actually won that one at trial but usually such a report carries the day.

Practice Areas

Our wide-ranging expertise will provide you with well-rounded legal counsel

At the Law Office of Jason Tenenbaum, our attorneys have the integrity and experience you need to best assist, advise, and support you through your legal challenge, every step of the way.

No Fault Defense
Practice Areas
No Fault Defense

Using cutting-edge technology and strategy to solve complicated problems.

Woman in the hospital with injured leg
Practice Areas
Personal Injury

We can fight for your pain and suffering, lost income, medical bills, and any future lost wages.

Upset woman in the front of the computer with bills
Practice Areas
Medical Malpractice

You have the right to bring a malpractice claim for your medical expenses, lost income and pain and suffering.

Card in the hand
Practice Areas
Consumer Protection

If you have been sued for an unpaid consumer loan, fallen behind on your credit card bills or similar.

Court room
Practice Areas
Commercial Litigation

We can help when you are faced with commercial litigation issues.

We dedicate ourselves to important values

We work hard to fight for your individual case and rights, while providing superior legal services on a timely, effective, and efficient basis. 

Need Help With Your Case?

Proin rhoncus metus aliquet blandit ad placerat sociosqu erat vel letius scelerisque taciti pulvinar.

Got Questions?

Proin rhoncus metus aliquet blandit ad placerat sociosqu erat vel letius scelerisque taciti pulvinar.