Legal Opinion

Claim of Casiano v. CCIP/Union Settlement Home Care

Appellate Division of the Supreme Court of the State of New York

Decided June 2, 2005PublishedCited by 4 opinions

1Opinion of the CourtCarpinello, J.

Appeal from a decision of the Workers’ Compensation Board, filed November 28, 2003, which ruled that the surgery performed on claimant was not medically necessary.

In March 2001, claimant suffered a work-related injury to her back and was subsequently awarded workers’ compensation benefits. Richard J. Radna, a neurosurgeon, examined claimant for the first time on August 1, 2001, and determined that she required decompression surgery to prevent permanent neurological damage. Although the workers’ compensation carrier denied Radna’s request for preauthorization, he nevertheless performed the…

2Cases cited3 opinions

  1. Claim of Robinson v. New Venture GearAppellate Division of the Supreme Court of the State of New York · 2004
  2. Lewis v. Karl A. Lefren, Inc.Appellate Division of the Supreme Court of the State of New York · 1932
  3. Claim of Langenmayr v. Syracuse UniversityAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by4 opinions

  1. Claim of Bunnell v. Sangerfield InnAppellate Division of the Supreme Court of the State of New York · 2006
  2. Claim of Ogden v. PCA InternationalAppellate Division of the Supreme Court of the State of New York · 2006
  3. Claim of Kigin v. State of New York Workers' Compensation BoardAppellate Division of the Supreme Court of the State of New York · 2013
  4. Claim of Kigin v. State of New York Workers' Compensation BoardAppellate Division of the Supreme Court of the State of New York · 2013

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