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Legal Opinion

Valley Rehabilitation and Medical Offices, P.C. v. Cash

Nassau County District Court

Decided December 1, 2004Published

1Opinion of the Court

OPINION OF THE COURT

Scott Fairgrieve, J.

*542Issues

Can a medical provider recover payment from an injured worker who received a lump-sum settlement award from the State of New York Workers’ Compensation Board where the medical provider has failed to follow the requirements of the workers’ compensation statutes, rules and regulations?

Can the medical provider use Workers’ Compensation Rules and Regulations (12 NYCRR) § 325-1.23 as a basis of liability where the medical provider fails to obtain permission from the Workers’ Compensation Board to treat an injured worker?

Is the defendant liable based…

2Cases cited3 opinions

  1. Ellis Hospital v. Symonds, New York County Courts1978
  2. Wayne County Vinegar & Cider Corp. v. Schorr's Famous Pickled Products, Inc.Civil Court of the City of New York · 1983
  3. Sprague v. SpencerNew York Supreme Court · 1939

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