Legal Opinion

Claim of Rivera v. North Central Bronx Hospital

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

Decided December 13, 2012Published

1Opinion of the CourtRose, J.

The employer appeals, arguing that the Board improperly interpreted Workers’ Compensation Law § 13-a (7) by requiring it to reimburse claimant’s doctor for the EMG test. Added in *13052007 (see L 2007, ch 6, § 29), Workers’ Compensation Law § 13-a (7) (a) permits self-insured employers, among others, to contract with a provider “to perform diagnostic tests, x-ray examinations, magnetic resonance imaging, or other radiological examinations or tests of claimants.” If the requisite notice is given to a claimant (see Workers’ Compensation Law §§ 13-a [7] [b]; 110 [2]), the employer is further…

2Cases cited7 opinions

  1. Belmonte v. SnashallNew York Court of Appeals · 2004
  2. Crosby v. WORKERS'COMP.New York Court of Appeals · 1982
  3. LaCroix v. Syracuse Executive Air Service, Inc.New York Court of Appeals · 2007
  4. Claim of Simpson v. Glen Aubrey Fire Co.Appellate Division of the Supreme Court of the State of New York · 1982
  5. Claim of Carter v. Von Roll Isola, USA, Inc.Appellate Division of the Supreme Court of the State of New York · 2006

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