The New York Law Journal recently profiled a decision from the New York Supreme Court to uphold an arbitration award secured by The Russell Friedman Law Group, LLP on behalf of a medical provider client.
As detailed by the NY Law Journal, the ruling stemmed from a matter in which The Russell Friedman Law Group, LLP successfully secured an arbitration award for No-Fault insurance compensation on behalf of a medical provider who performed range of motion testing, muscle testing, physical performance testing, outcome assessment testing, trigger point injections, and chiropractic treatment for a woman who had been injured in a motor vehicle accident.
While our firm was successful in securing the arbitration award and in having the award upheld by a Master Arbitrator upon appeal, the insurance company (American Transit) pursued a Petition to Vacate the award. In its Petition to Vacate, the insurer argued that our medical provider client did not submit a formal rebuttal report during the arbitration proceedings.
Ultimately, Roman Kravchenko, Of Counsel to The Russell Friedman Law Group, LLP, was able to secure a ruling from the Supreme Court denying the insurer’s Petition to Vacate. In so ruling, the Court reiterated its position that an applicant in a No-Fault insurance arbitration need not submit expert medical opinion evidence which specifically refers to and rebuts the insurer’s peer or IME report.
Am. Transit Ins. Co. v. Rutland Med., PC, 79 Misc.3d 1236(A), 2023 WL 4987400 (Table), 2023 N.Y. Slip Op. 50814(U) (Sup. Ct., Kings County, decided August 4, 2023). Read the full opinion here.
The Russell Friedman Law Group, LLP represents healthcare providers in matters related to No-Fault consulting, compliance, and collections, including the recovery of unpaid/underpaid No-Fault billing by insurance carriers in arbitration and litigation. To learn more about our services or to discuss a potential case, call (855) 465-4622 or contact us online.
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