Legal Opinion · Dissent
In the Matter of Maureen Kigin v. State of New York Workers' Compensation Board
New York Court of Appeals
Decided November 20, 2014No. 181Published
1DissentRivera, J.
I agree that the Workers’ Compensation Board acted within the scope of its statutory authority under the Workers’ Compensation Law in adopting regulations incorporating a list of pre-authorized medical procedures, and a system for implementing consideration of treatment recommendations not included on the list. However, the Board *470exceeded its authority when it promulgated regulations imposing a preapproval requirement that forecloses reimbursement for medical services that vary from the list and the Board’s Medical Treatment Guidelines (Guidelines) in all cases where the services are rendered…
2Cases cited8 opinions
- Matter of Heitz v. . RuppertNew York Court of Appeals · 1916
- Wolfe v. Sibley Lindsay & Curr Co.New York Court of Appeals · 1975
- Claim of Waters v. William J. Taylor Co.New York Court of Appeals · 1916
- Belmonte v. SnashallNew York Court of Appeals · 2004
- Kuppersmith v. DowlingNew York Court of Appeals · 1999
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