Claim of Casiano v. CCIP/Union Settlement Home Care
Appellate Division of the Supreme Court of the State of New York
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…
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