MATTER OF LIEBMAN v. NEW YORK CITY DEPT. OF ENVTL. PROTECTION

514209.

101 A.D.3d 1510 (2012)

955 N.Y.S.2d 899

2012 NY Slip Op 9114

In the Matter of the Claim of SCOTT LIEBMAN, Claimant, v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

December 27, 2012.


Lahtinen, J.

Claimant received diagnostic services from an out-of-network provider despite having been given ample notice from the self-insured employer to use its network provider. The employer contended that, pursuant to Workers' Compensation Law § 13-a (7), it was not obligated to reimburse the out-of-network provider. The Workers' Compensation Board directed the employer to reimburse claimant's provider at the rate it would have paid for in-network services...

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