Sunday, June 21, 2009

No Show to IME

- If an insurer does not receive the IME verification within thirty days of its original request, it must send a follow-up request to a claimant within 10 days. 11 NYCRR §65.15(e)(2). Metro Medical Diagnostics, P.C. v. Lumberman’s Insurance Company, NYLJ p. 26, col.2, 10/09/01, the Appellate Term, 2nd and 11th Judicial District.

- Failure to do so resulted in preclusion of carrier’s denial based upon such reasoning. Bronx Medical Services, P.C. a/a/o Molina v. Windsor Insurance, App. Term., 1st Dept., #029379, Sept. 2002.

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