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No-Fault Claims

Examinations Under Oath and Insurance Company Silliness

I recently represented a Licensed Massage Therapist at an Examination Under Oath (or EUO, for what should be obvious reasons). Present at the unusually long conference table were the typical insurance carrier archetypes I know so well: the pleasant questioning attorney for the insurance company, the stone-faced and silent SIU representative, the court reporter with her mysterious mini-typewriter and stacks…

Governor Paterson Vetoes Bill Providing No-Fault Coverage for Drunk Drivers

New York State Governor David Paterson has vetoed legislation to extend no-fault insurance benefits to drunk drivers who get injured in automobile accidents. The bill, S.8294-A, would have repealed New York’s Alcohol Exclusion law, which allows insurance companies to deny this coverage to motorists who drive while under the influence. Currently, New York’s basic no-fault coverage does not apply to…

NY County Supreme Court Strikes Down Carrier’s Fee Schedule Defense in Light of Untimely Denial

Mercury Casualty Co. v. Encare Inc. a/a/o Robert Manley Supreme Court, New York County (Saliann Scarpula, J.), Index no. 102610/2011 In this declaratory judgment action, defendant Encare, Inc. moved to dismiss plaintiff Mercury Casualty Company’s (Mercury) complaint and Mercury cross moves for partial summary judgment. This action arose out of a December 27, 2007 motor vehicle accident, in which Encare’s…

Overview of the new Worker’s Compensation Fee Schedule

Effective April 1, 2019 I was so excited to receive my brand-new Worker’s Compensation Medical Fee Schedule binder yesterday! All No-Fault and Worker’s Compensation medical services, including Acupuncture, Physical Therapy, Massage Therapy, Orthopedic, PM&R, and Neurology are affected by these revisions. There are many changes since the last time this book was published in 2012. Let’s look at the most…

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