Dear Readers: I have a potential client for an employment attorney. The claim is against a municipal corporation for failure to offer COBRA benefits. The...
2309
Lawrence
insurancelawyer
Feb 2, 2010 12:24 am
INITIAL ACUPUNCTURE EXAM GETS REIMBURSED WITHOUT A REPORT, EVEN THOUGH IT IS A "BY REPORT" ITEM In the Matter of the Arbitration between LA Acupuncture and...
2310
lbins123@...
lbins123
Feb 2, 2010 1:23 am
Why is the arbitrator even talking about by report codes for regular acupuncture treatments when there is a specific fee schedule for acupuncture services...
2311
Sherri
mshlyn01
Feb 3, 2010 9:11 pm
Does anyone know of any recent case law or arb decisions concerning the new medicare law that would indicate you cannot deny benefits for no fault without a...
2312
Lawrence
insurancelawyer
Feb 3, 2010 11:48 pm
One of the issues faced most often by no-fault attorneys at trial is whether MRIs (magnetic resonance imaging tests) of the cervical, thoracic and/or lumbar...
2313
Lawrence
insurancelawyer
Feb 4, 2010 12:07 am
LAWSUIT MARKED OFF CALENDAR FOR MORE THAN ONE YEAR SHOULD NOT BE RESTORED UNLESS IT MEETS CRITERIA Fair Price Med. Supply, Inc. a/a/o Fritz Francois v GEICO...
2314
Lawrence
insurancelawyer
Feb 5, 2010 11:16 pm
NEW TWIST ON DOMOTOR: AFTER BLANKET DENIAL, PROVIDER NEED NOT SUBMIT BILLS BUT GETS THE BURDEN OF PROOF J.R. Dugo PC a/a/o Kristin Puma v Allstate Ins. Co....
2315
Lawrence
insurancelawyer
Feb 8, 2010 10:54 pm
Dear Clients and Correspondents: Because of the weather forecast of 12" - 18" of snow for New York City and Long Island on Wednesday, 10 February, it is...
2316
Sherri
mshlyn01
Feb 8, 2010 11:24 pm
To answer the question below, see: http://www.courts.state.ny.us/reporter/3dseries/2008/2008_04946.htm Larry Rogak ... Larry do you have the recent case law...
2317
Lawrence
insurancelawyer
Feb 9, 2010 7:25 pm
DEFAMATION CLAIM AGAINST INSURER BASED ON CONCLUSION THAT ACCIDENT WAS STAGED, FAILS Jamila Hame v Kelly Lawson et al. 2010 NY Slip Op 00811 Decided on ...
2318
Lawrence
insurancelawyer
Feb 10, 2010 7:45 pm
STATE FARM ALERTED GOV'T TO TOYOTA PROBLEMS IN 2007 WASHINGTON (AP) – The nation's largest auto insurer said Tuesday it alerted federal safety regulators in...
2319
Lawrence
insurancelawyer
Feb 10, 2010 8:00 pm
Dear Readers: I am home today because of the blizzard. Let's see what I can come up with for you to read to keep you entertained. This arb award has a...
2320
Lawrence
insurancelawyer
Feb 10, 2010 8:30 pm
INSURER'S FAILURE TO EXCHANGE MEDICALS KEEPS PEER REPORT OUT OF EVIDENCE In the Matter of the Arbitration between Cornell Medical Supplies Inc. and Maya...
2321
Lawrence
insurancelawyer
Feb 12, 2010 1:40 am
TOLL OF STATUTE OF LIMITATIONS DUE TO INFANCY OF DISTRIBUTEE DOES NOT APPLY TO PERSONAL INJURY CLAIMS Heslin v County of Greene 2010 NY Slip Op 01010 Decided...
2322
Lawrence
insurancelawyer
Feb 12, 2010 2:00 am
WHEN TESTS ARE ORDERED TOO EARLY, BUT NOT PERFORMED UNTIL LATER, NO-FAULT INSURER MUST PROVE LACK OF MEDICAL NECESSITY AT TIME TEST IS PERFORMED Elmont Open...
2323
Lawrence
insurancelawyer
Feb 12, 2010 3:02 am
EVEN THOUGH ACCIDENT OCCURRED OUTSIDE U.S.A., PETITION TO STAY UM ARB MUST BE BROUGHT WITHIN 20 DAYS Matter of Allstate Ins. Co. v. Legrand, 2010 NY Slip Op...
2324
James
cbreillat
Feb 12, 2010 2:41 pm
HI, My situation is such. it took me two years after being hit by car crossing street to find i have a life long conditon now i had no advocate, no one to...
2325
Juan
jam0220
Feb 12, 2010 2:57 pm
Absolutely a dumb decision. While I understand the Court's "theorctically legal" finding that Matarasso does not apply (maybe Allstate should not have used it...
2326
tortfeezr
Feb 12, 2010 3:53 pm
I am sure I am not the only one who would say this, but this newsletter/group is really NOT the appropriate place to post this. While we empathize with your...
2327
Lawrence
insurancelawyer
Feb 12, 2010 6:53 pm
Valentine From A Plaintiff's Attorney by Larry Rogak I wrote this valentine for plaintiffs' attorneys to send to their sweeties: Dearest darling, hear my plea...
2328
Scott Schwaber
plaintiff101
Feb 12, 2010 7:19 pm
It is nice to see a judge take into consideration that the peer doctor should have all the records up to the time of the MRI. It is well known that most...
2329
Lawrence
insurancelawyer
Feb 17, 2010 12:22 am
ACUPUNCTURISTS ARE PAID AT THE SAME RATE AS CHIROPRACTORS DOING ACUPUNCTURE In the Matter of the Arbitration between LA Acupuncture, Janaa Physical Therapy PC...
2330
Lawrence
insurancelawyer
Feb 17, 2010 12:52 am
Dear Readers: I have been writing The Rogak Report almost every business day since 1994. At first it was sent each day via fax to subscribers. Then in ...
2331
Lawrence
insurancelawyer
Feb 17, 2010 9:23 pm
TRUSTING PLAINTIFF'S ATTORNEY TO VACATE A DEFAULT PROVES TO BE A COSTLY MISTAKE SZ Med., P.C. et al. a/a/o Clarice Cowan v Lumbermens Mutual Casualty Co. 2010...
2332
Lawrence
insurancelawyer
Feb 17, 2010 9:34 pm
WHEN THE ONLY ISSUE FOR TRIAL IS MEDICAL NECESSITY, PLAINTIFF NEED NOT PROVE ANYTHING Progressive Med., Inc. a/a/o Annabella Mansilla v Allstate Ins. Co. 2010...
2333
Lawrence
insurancelawyer
Feb 18, 2010 10:57 pm
"FIREFIGHTER'S RULE" BARS COP'S RECOVERY FOR INJURIES CAUSED BY HEADQUARTERS SECURITY BARRIER David Wadler v City of New York 2010 NY Slip Op 01373 Decided...
2334
Lawrence
insurancelawyer
Feb 18, 2010 10:59 pm
DRIVER'S ADMISSION HE RAN RED LIGHT IS ENOUGH FOR LIABILITY; DEFENSE OF "BAD BRAKES" NOT PROVEN Tselebis v Ryder Truck Rental, Inc. 2010 NY Slip Op 01442...
2335
Lawrence
insurancelawyer
Feb 19, 2010 9:44 pm
NASSAU DISTRICT COURT CHOOSES TO FOLLOW FIRST DEPARTMENT, NOT SECOND, AND FINDS A NOTICE TO ADMIT SUFFICIENT TO PROVE PRIMA FACIE CASE Advanced...
2336
David M. Barshay
thebarsh
Feb 19, 2010 10:03 pm
Larry, with all due respect, doesn't your advice suggest the defendant commit perjury? "But here, apparently Progressive had no defenses whatsoever. Why in...
2337
David M. Barshay
thebarsh
Feb 19, 2010 10:19 pm
The decision says the insurer's defense was lack of medical necessity, indicating that the defendant could not have truthfully denied the allegations of the...
