American Motorists Insurance v. Crouse-Irving Memorial Hospital

OPINION OF THE COURT

John R. Tenney, J.

Petitioner seeks to vacate the award of a medical arbitration panel. Crouse-Irving and American Motorists, a workers’ compensation insurance carrier, dispute the proper rate of reimbursement for in-patient services provided to a workers’ compensation claimant. The hospital has billed its total charges *638relying upon Public Health Law §§ 2807 and 2807-a (eff on Jan. 1,1984). Petitioner claims the hospital is limited to the per diem rate established by the Compensation Board.

At the arbitration hearing, the petitioner presented three arguments: that the…