MATTER OF RIVERA v. NORTH CENT. BRONX HOSP.

514210.

101 A.D.3d 1304 (2012)

955 N.Y.S.2d 702

2012 NY Slip Op 8600

In the Matter of the Claim of DAISY RIVERA, Claimant, v. NORTH CENTRAL BRONX HOSPITAL, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

December 13, 2012.


Rose, J.

When claimant was injured and applied for workers' compensation benefits, the self-insured employer, a hospital, advised her that it had contracted with a specific provider for certain diagnostic tests, including electromyography (hereinafter EMG), and that failure to utilize that provider would result in nonpayment for such services. Despite this warning, claimant underwent an EMG test performed by her treating physician. The employer objected to paying...

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