Legal Opinion

Forest Rehabilitation Medicine PC v. Allstate Insurance

Civil Court of the City of New York

Decided June 24, 2014Published

1Opinion of the Court

OPINION OF THE COURT

Theresa M. Ciccotto, J.

Plaintiff Forest Rehabilitation Medicine PC commenced the instant action against defendant insurance carrier to recover $3,490 in payment for the rendering of first-party no-fault medical benefit services to its assignor, Tracy Fertitta, pursuant to article 51 of the Insurance Law. The sole issue for this court’s determination is the medical necessity of “Calmare pain therapy,” also known as “scrambler therapy,” a relatively new and controversial form of treatment that has divided the medical field. Indeed, after a review of the testimony adduced at…

2Cases cited9 opinions

  1. People v. WesleyNew York Court of Appeals · 1994
  2. People v. AngeloNew York Court of Appeals · 1996
  3. People v. MiddletonNew York Court of Appeals · 1981
  4. Marsh v. SmythAppellate Division of the Supreme Court of the State of New York · 2004
  5. Lugo v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2011

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