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Category: IME issues

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Procedural Issues (203)

Coverage (160)

EUO issues (207)

Evidence (137)

Fee Schedule (127)

Medical Necessity (184)

Additional Verification (95)

IME issues (161)

Reasonableness – the new buzz word

March 30, 2011 3 Comments

Center for Orthopedic Surgery, LLP v New York Cent. Mut. Fire Ins. Co., 2011 NY Slip Op 50473(U) “In this action to recover assigned first-party no-fault

The failure to attend IMEs is now considered a Chubb coverage defense

March 20, 2011 63 Comments

Unitrin Advantage Ins. Co. v Bayshore Physical Therapy, PLLC, 2011 NY Slip Op 01948 (1st Dept. 2011) I would consider this matter the most precedential no-fault

Ime no-show victory

March 15, 2011 1 Comment

Tri-Mount Acupuncture, P.C. v N.Y. Cent. Mut. Fire Ins. Co., 2011 NY Slip Op 50335(U)(App. Term 2d Dept. 2011) Affidavit from vendor? (check) Affidavit from litigation

Affidavit of doctor is sufficient to demonstrate non appearence at the IMEs

December 1, 2010 2 Comments

Trimed Med. Supply, Inc. v ELRAC, Inc., 2010 NY Slip Op 52057(U)(App. Term 2d Dept. 2010) This case represents nothing new. I like, however, the nomenclature

IME no-show (case #1)

July 30, 2010 2 Comments

There have been an uptick in EUO and IME no-show appeals lately. The next few posts you could say are dedicated to these policy violation cases.

The policy of insurance does not need to be included in the motion – as to IME defaults that is

May 24, 2010 No Comments

Apollo Chiropractic Care, P.C. v Praetorian Ins. Co., 2010 NY Slip Op 50911(U)(App. Term 1st Dept. 2010) As Civil Court correctly concluded, defendant made a prima

Couldn't get it right the second time around

May 23, 2010 No Comments

Central Radiology Servs., P.C. v MVAIC, 2010 NY Slip Op 50887(U)(App. Term 2d Dept. 2010) “During oral argument, the Civil Court granted defendant leave to submit

Ime reports are entitled to qualified privilege against defamation claim

January 29, 2010 No Comments

In the latest saga involving IME’s, the question arose as to whether an examinee could prosecute a defamation action against the examiner or any other entity

The performance of diagnostic testing as part of an IME

November 28, 2009 No Comments

I could definitely see situations where it might be appropriate for an insurance carrier, as part of an IME, to demand that a claimant undergo a

IME No-Show – Personal Knowledge

November 5, 2009 No Comments

For those who are unsure what satisfies the “personal knowledge” prong of an IME no-show defense, the Appellate Term in uncharacterstic fashion spelled it out: Radiology

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