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SELECTIVE INS. CO. v. ROTHMAN

A-60 September Term 2010, 066630

34 A.3d 769 (2012)

208 N.J. 580

SELECTIVE INSURANCE COMPANY OF AMERICA, Plaintiff-Respondent, v. Arthur C. ROTHMAN, M.D., Ph.D., P.A., a/s/o D.R., Defendant-Appellant. Dr. Arthur C. Rothman, a/s/o D.R., Plaintiff, v. Selective Insurance Company, Defendant. Arthur C. Rothman, M.D., Ph.D., P.A., Plaintiff, v. Selective Insurance Company of America, Defendant.

Supreme Court of New Jersey.

Decided January 18, 2012.

As Corrected January 19, 2012.

Attorney(s) appearing for the Case

William Harla argued the cause for appellant (DeCotiis, Fitzpatrick & Cole and Kalison, McBride, Jackson & Robertson, attorneys; Mr. Harla, Teaneck, Robert B. Hille , James A. Robertson , John W. Kaveney , Morristown, Victoria A. Flynn , and Irene Stavrellis , Teaneck, on the briefs).

Gordon S. Graber argued the cause for respondent (Sullivan and Graber, attorneys; Mr. Graber and Chryzanta K. Hentisz , Morristown, on the brief).

Arthur J. Timins , Roseland, submitted a brief on behalf of amicus curiae Medical Society of New Jersey (Shiriak & Timins, attorneys).

PER CURIAM.

We granted certification in this appeal to address two issues. First, we consider a challenge to the Appellate Division's conclusion that a licensed Physician Assistant (PA) is not authorized to perform the electrodiagnostic test known as needle electromyography (EMG). Second, we consider whether the Appellate Division erred in refusing to direct that its judgment be given only prospective effect.

I.

Plaintiff Selective Insurance Company...

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