Dr. Dov September 7, 2015

Dov Berkowitz – Oh no.
First, happy Labor Day here.  Second, this article was too good not to post, although it is the type of red meat I save for my Facebook feed.  It is relevant too all practitioners, whether you retain him as your expert in a PI case or oppose him, represent him or oppos

Embarrassment or hubrus? September 4, 2015

37 Ave Med., P.C. v Metlife Auto & Home Ins. Co., 2015 NY Slip Op 51293(U)(Civ. Ct. Kings Co. 2015)
How do you not research core issues before you tell a client you want to take a case to trial?  I hope the client was told that Rhode Island law would not support their position and the client

Proof of damages August 27, 2015

Johnson v Robertson, 2015 NY Slip Op 06658 (2d Dept. 2015).

Moreover, “[p]roof of damages may be based solely on oral testimony as long as the witness has knowledge of the actual costs” (Electronic Services. Intl. v. Silvers, 284 A.D.2d 367, 368, 726 N.Y.S.2d 441). The record demonstrates that

The denial is the operative document for prima facie purposes August 24, 2015

AR Med. Rehabilitation v State-Wide Ins. Co., 2015 NY Slip Op 25287 (Civil Ct. Kings Co. 2015)
(1) “Neither the Court of Appeals nor the Second Department in Viviane Etienne addressed whether at trial, a medical provider could forgo evidentiary proof of its mailing procedure by relying upon i

Time frame to deny following EUO August 24, 2015

South Nassau Orthopedic Surgery & Sports Medicine, P.C. v Farm Family Cas. Ins. Co., 2015 NY Slip Op 51211(U)(App. Term 2d Dept. 2015)
“Defendant failed to demonstrate that its May 1, 2009 denials were timely with respect to the bills at issue, all of which had been received by defendant

3212(f) – motion denied August 24, 2015

IDF Diagnostic Med., P.C. v New York Cent. Mut. Fire Ins. Co., 2015 NY Slip Op 51213(U)(App. Term 2d Dept. 2015)
“The Civil Court held that, since defendant had annexed its discovery responses to its reply papers, plaintiff’s cross motion to compel disclosure was moot and that there was

An appeal is not a second chance to right what once went wrong. August 24, 2015

Mind & Body Acupuncture, P.C. v Elrac, Inc., 2015 NY Slip Op 51219(U)(App. Term 2d Dept. 2015)
“With respect to the bills that were denied based upon plaintiff’s assignor’s failure to appear for duly scheduled independent medical examinations (IMEs), the only other argument pl

Nonsensical appeal August 24, 2015

Neptune Med. Care, P.C. v Ameriprise Auto & Home Ins., 2015 NY Slip Op 51220(U)(App. Term 2d Dept. 2015)
I would recommend reading this one carefully.  This case (again) lays out the parameters of what a timely IME or EUO letter is.  Contrarily, it tells us what is not timely and should be se

  1. Anonymous says:

    By taking up this appeal, and making new case law regarding the allowable timing of EUO requests, Defendant’s counsel just cost their clients (particularly Ameriprise and IDS) millions.

    • jtlawadmin says:

      I am sure of it. Maybe the client will wake up and say it is time to find a new EUO vendor? If this is endemic, then problems abound.

Chutzpah August 24, 2015

Great Health Care Chiropractic, P.C. v Elrac, Inc., 2015 NY Slip Op 51223(U)(App. Term 2d Dept. 2015)
(1) “Defendant alleged in its cross motion that it had first received notice of the accident on July 7, 2010 from plaintiff’s assignor’s attorney, and that this was more than 30 d

Coder’s affidavit is sufficient to prove non-conformity with the fee schedule August 24, 2015

GBI Acupuncture, P.C. v 21st Century Ins. Co., 2015 NY Slip Op 51235(U)(App. Term 2d Dept. 2015)
“Furthermore, the affidavit executed by defendant’s certified professional coder established that defendant had properly used the workers’ compensation fee schedule to determine the am