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More Acupuncture fee Schedule – no new ground covered here

Jing Luo Acupuncture, P.C. v NY City Tr. Auth., 2018 NY Slip Op 51083(U)(App. Term 2d Dept. 2018) (1) “We have held, as a matter of

July 21, 2018 No Comments

CPM – now it is up to DFS and WCB to address the problem

Matter of Global Liberty Ins. Co. v ISurply, LLC, 2018 NY Slip Op 04961 (1st Dept. 2018) The CPM saga came down to the 2014 letter

July 7, 2018 1 Comment

There was no accident

Pavlova v Allstate Ins. Co., 2018 NY Slip Op 51061(U)(App. Term 2d Dept. 2018) “In support of its motion, defendant submitted the transcript of the examination

July 7, 2018 No Comments

MUA trial victory

The new fee schedule notwithstanding, the question here is whether MUA treatments were necessary. You saw part of the typical play by play in

July 7, 2018 No Comments

Material Misrepresentation Defense unsuccessful

Maxford, Inc. v Erie Ins. Co. of N.Y., 2018 NY Slip Op 51057(U)(App. Term 2d Dept. 2018) “Defendant cross-moved on the ground that plaintiff’s assignor had

July 7, 2018 No Comments

Dilemma and dogma

Hertz Vehicles, LLC v Best Touch PT, P.C.,2018 NY Slip Op 04854 (1st Dept. 2018) (1) “Plaintiff failed to meet its burden of filing “proof

June 30, 2018 No Comments

Lack of personal jurisdiction for an out of state insurance carrier

Pavlova v American Ind. Ins. Co., 2018 NY Slip Op 50943(U)(App. Term 2d Dept. 2018) To me, this is the ultimate fight. The accident occurred in

June 25, 2018 2 Comments

+15 minute decision begs a better question

Karina K. Acupuncture, P.C. v Phoenix Ins. Co., 2018 NY Slip Op 50913(U)(App. Term 1st Dept. 2018) “Defendant made a prima facie showing of entitlement to

June 25, 2018 No Comments

Significant limitaiton prong of Ins Law 5102(d)

Schaubroeck v Moriarty, 2018 NY Slip Op 04453 (4th Dept. 2018) It is an obsession of mine. When someone gets into an accident where the threshold

June 18, 2018 No Comments

EUO no-show case/objective reasons not necessary/ what’s next?

Gentlecare Ambulatory Anesthesia Servs. v GEICO Ins. Co., 2018 NY Slip Op 50864(U)(App. Term 2d Dept. 2018) “Contrary to plaintiff’s contentions, the proof submitted by defendant

June 15, 2018 No Comments

New trial ordered due to physician unavailability

Normandin v Bell, 2018 NY Slip Op 04053 (3d Dept. 2018) “When the expert eventually arrived in the late morning of December 1, 2016, he did

June 11, 2018 No Comments

120-day rule crumbles

Matter of Progressive Cas. Ins. Co. (Elite Med. Supply of N.Y., LLC), 2018 NY Slip Op 04122 (4th Dept. 2018) “In his awards, the master arbitrator

June 11, 2018 No Comments

Why “contemporaneous” medical inquiry should not be the loadstar of medical necessity determinations

Hayes v Gaceur, 2018 NY Slip Op 04080 (1st Dept. 2018) “In opposition, however, plaintiff raised an issue of fact as to her claimed cervical spine,

June 8, 2018 No Comments

Use and Operation again and again

Lazzari v Qualcon Constr., LLC, 2018 NY Slip Op 04082 (1st Dept. 2018) I am a use and operation fan. It is the one issue that

June 8, 2018 1 Comment

+Bonus attorneys fees

Matter of Country-Wide Ins. Co. v Bay Needle Care Acupuncture, P.C., 2018 NY Slip Op 03929 (1st Dept. 2018) “Respondent is entitled to reasonable attorney’s fees

June 8, 2018 No Comments

Proof of causation

Hernandez v Marcano, 2018 NY Slip Op 03816 (1st Dept. 2018) However, in any event, defendants Marcano and Crescent Cab Corp.’s expert found full range of

June 3, 2018 No Comments

Infants compromise order not needed to proceed in arbitration in assignee case

Matter of Fast Care Med. Diagnostics, PLLC/PV v Government Employees Ins. Co., 2018 NY Slip Op 03831 (2d Dept. 2018) “We agree with the Supreme Court

June 3, 2018 2 Comments

Triable issue of fact: 45-day rule

Irina Acupuncture, P.C. v Auto One Ins. Co., 2018 NY Slip Op 50781(U)(App. Term 2d Dept. 2018) “Proof that documents are mailed in accordance with a

June 3, 2018 No Comments

Non contact case on motion

Compas Med., P.C. v United Servs. Auto. Assn., 2018 NY Slip Op 50764(U)(App. Term 2d Dept. 2018) “In support of its motion, defendant proffered an affidavit

June 3, 2018 1 Comment

What happened to those EUO letters? What happened to the IME letters? Where are those denials?

Parisien v Maya Assur. Co., 2018 NY Slip Op 50771(U)(App. Term 2d Dept. 2018) “Plaintiff correctly argues on appeal that the affidavit submitted by defendant in

June 3, 2018 No Comments

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