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Was the femur broken in the accident?

Peterson v Ward, 2017 NY Slip Op 09024 (4th Dept. 2017) “We conclude, however, that there are material issues of fact whether plaintiff’s alleged injury, i.e.,

December 26, 2017 No Comments

The cited to report raised an issue of fact

James v Thomas, 2017 NY Slip Op 09025 (4th Dept. 2017) “Although defendants’ expert ultimately opined in his report that plaintiff’s injuries were not causally related

December 26, 2017 No Comments

Out of scope peer: it is okay

Queens Vil. Med. Care, P.C. v Government Employees Ins. Co., 2017 NY Slip Op 51799(U)(App. Term 2d Dept. 2017) “Plaintiff moved to preclude defendant’s expert medical

December 26, 2017 No Comments

Fee schedule defense not substantiated

Adelaida Physical Therapy, P.C. v 21st Century Ins. Co., 2017 NY Slip Op 51808(U)(App. Term 2d Dept. 2017) “Plaintiff properly argues on appeal that defendant failed

December 26, 2017 No Comments

Partial response to verification insufficient

Doctor Goldshteyn Chiropractic, P.C. v Travelers Indem. Co., 2017 NY Slip Op 51816(U)(App. Term 2d Dept. 2017) “In this action by a provider to recover assigned

December 26, 2017 No Comments

Non responded to verification fatal to plaintiff’s case

City Care Acupuncture, P.C. v Allstate Prop. & Cas. Ins. Co., 2017 NY Slip Op 51839(U)(App. Term 2d Dept. 2017) “In support of plaintiffs’ motion for

December 26, 2017 No Comments

CPT Code 97039 again

Acuhealth Acupuncture, P.C. v Hereford Ins. Co., 2017 NY Slip Op 51871(U)(App. Term 2d Dept. 2017) “As limited by its brief, plaintiff appeals from so much

December 26, 2017 No Comments

IME no show disclaimer substantiated

Longevity Med. Supply, Inc. v Citiwide Auto Leasing, 2017 NY Slip Op 51880(U)(App. Term 2d Dept. 2017) “In support of its motion, defendant established that,

December 26, 2017 No Comments

Fee schedule defense: Court separates 97811, 97813, 97814 from remainder of case

Z. M. S. & Y Acupuncture, P.C. v GEICO Gen. Ins. Co., 2017 NY Slip Op 51891(U)(App. Term 2d Dept. 2017) (1) ” Defendant appeals from so

December 26, 2017 No Comments

Charley Deng called the wrong number

Charles Deng Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co., 2017 NY Slip Op 51764(U)(App. Term 2d Dept. 2017) “While plaintiff’s owner asserts that, upon

December 26, 2017 2 Comments

The peer review and its entry into evidence?

Radiology Today, P.C. v Geico Ins. Co., 2017 NY Slip Op 51768(U)(App. Term 2d Dept. 2017) (1) In this action by a provider to recover assigned first-party

December 26, 2017 No Comments

Timeliness of the EUO relative to the billings (again)

Sama Physical Therapy, P.C. v IDS Prop. Cas. Ins. Co., 2017 NY Slip Op 51751(U)(App. Term 2d Dept. 2017) Recover Med. Servs., P.C. v Ameriprise Ins.

December 26, 2017 No Comments

Proof of no-show?

St. Locher Med., P.C. v IDS Prop. Cas. Ins. Co., 2017 NY Slip Op 51732(U)(App. Term 2d Dept. 2017) “Contrary to plaintiff’s contention, the proof submitted

December 26, 2017 No Comments

EBT granted

Avalon Radiology, P.C. v Interboro Ins. Co., 2017 NY Slip Op 51722(U)(App, Term 2d Dept. 2017) “Insofar as is relevant to this appeal, upon denying plaintiff’s

December 26, 2017 No Comments

Lynn Carter

Brand Med. Supply, Inc. v ELRAC, Inc., 2017 NY Slip Op 51723(U)(App. Term 2d Dept. 2017) This all came about at the famous trial in front

December 26, 2017 2 Comments

Fee schedule defense failed

Laga v GEICO Ins. Co., 2017 NY Slip Op 51713(U)(App. Term 2d Dept. 2017) “Defendant failed to demonstrate that it had used the correct conversion factor

December 26, 2017 No Comments

45-day rule appeal was meritless

Masigla v ELRAC, Inc., 2017 NY Slip Op 51712(U)(App. Term 2d Dept. 2017) “With regard to the claims that were denied based upon plaintiff’s failure to

December 26, 2017 No Comments

Allstate’s inability to prove the timely mailing of claims documents

Acupuncture Healthcare Plaza I, P.C. v Allstate Ins. Co., 2017 NY Slip Op 51903(U)(App. Term 2d Dept. 2017) Renelique v Allstate Ins. Co., 2017 NY Slip Op

December 26, 2017 2 Comments

Bad faith and GBL 349 has really arrived

Brown v Government Employees Ins. Co., 2017 NY Slip Op 08774 (3d Dept. 2017) (1) “Plaintiff alleged that she became permanently disabled as a result of

December 17, 2017 3 Comments

Lost wage case reinstated

Freligh v Government Employees Ins. Co., 2017 NY Slip Op 08714 (2017) “Triable issues of fact exist as to plaintiff’s claim for lost wages. ” This

December 17, 2017 No Comments

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