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Long Island Personal Injury Legal Blog

Aren’t all Those Car Insurance Commercials so Adorable?

A bumbling caveman A sweet talking gecko with an English/New Zealand/Australian Accent A lady with a beehive hairdo and an apron A young lady telling her boyfriend to shut up because she got a safe driver check in the mail A man laying in a car yelling out GPS directions and screaming “recalculating!!” And all of these commercials are telling…

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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…

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No Fault and Worker’s Compensation Medical Mileage Reimbursement Rate

The New York No-Fault and Worker’s Compensation Medical Mileage rate is set at 51 cents per mile. Mileage reimbursement is set by the New York State Worker’s Compensation Board. Medical mileage not related to No Fault or Worker’s Compensation is set by the IRS. File to Download: Request for No-Fault Mileage Reimbursement

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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 The bill, S.8294-A, would have repealed New York’s Alcohol Exclusion law, which allows insurance companies to deny this coverage to motorists who drive while under the influence.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…

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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…

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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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