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October 30, 2013

Premier Health Choice Chiropractic, P.C. v Praetorian Ins. Co. (2013 NY Slip Op 51802(U))

https://www.beynensonlaw.com/case-law/premier-health-choice-chiropractic-p-c-v-praetorian-ins-co-2013-ny-slipop-51802u/

Court
Appellate Term, First Department
Decided
October 30, 2013
Citation
2013 NY Slip Op 51802(U) · 41 Misc 3d 133(A)
Posture
Summary judgment
Outcome
Insurer prevailed
Later treatment
Followed in 2 later decisions (see Cited by)
Issues
Medical necessity
Legal questions
Lack of medical necessity (see the maps)
Cite as
Premier Health Choice Chiropractic, P.C. v Praetorian Ins. Co., 41 Misc 3d 133(A), 2013 NY Slip Op 51802(U) (App Term, 1st Dept 2013)

Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.

Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

The provider's unsworn medical report failed to rebut the insurer's sworn IME showing that chiropractic treatment lacked medical necessity. The insurer established timely denials based on its examining chiropractor's report, which supplied a factual basis and medical rationale for finding the assignor's injuries resolved and the treatment unnecessary. The provider submitted an unsworn doctor's report through counsel's affirmation. Under Grasso v Angerami, that report lacked probative value; even if considered, it did not meaningfully address or rebut the insurer's contrary findings. The Appellate Term, First Department, reversed the order denying the insurer's motion for summary judgment, granted the motion, and dismissed the complaint.

Reported in New York Official Reports at Premier Health Choice Chiropractic, P.C. v Praetorian Ins. Co. (2013 NY Slip Op 51802(U))

[*1]
Premier Health Choice Chiropractic, P.C. v Praetorian Ins. Co.
2013 NY Slip Op 51802(U) [41 Misc 3d 133(A)]
Decided on October 30, 2013
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on October 30, 2013

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT


PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ
570566/13.
Premier Health Choice Chiropractic, P.C., a/a/o Jose Argueta, Plaintiff-Respondent, – –

against

Praetorian Insurance Company, Insurance Company, Defendant-Appellant.

Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), dated September 6, 2011, which denied its motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Fernando Tapia, J.), dated September 6, 2011, reversed, without costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

The defendant-insurer made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that it timely denied plaintiff’s first-party no-fault claims based on a sworn independent medical examination (IME) report of its examining chiropractor, which set forth a factual basis and medical rationale for the chiropractor’s stated conclusion that the assignor’s injuries were resolved and that the chiropractic treatment giving rise to plaintiff’s no-fault claim lacked medical necessity. In opposition, the unsworn doctor’s report submitted with plaintiff’s attorney’s affirmation was without probative value (see Grasso v Angerami, 79 NY2d 813 [1991]; Henkin v Fast Times Taxi, Inc., 307 AD2d 814 [2003]). Moreover, even if considered, the report did not meaningfully refer to, let alone rebut, the contrary findings made by defendant’s peer reviewer (CPT Med. Servs., P.C. v New York Cent. Mut. Fire Ins. Co., 18 Misc 3d 87 [2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 30, 2013

Legal questions

A question of no-fault law this decision rules on, from our Legal Questions pages. Bars count the decisions on the question by year and court, coloured by category; circles are this decision and the decisions on the question it cites or that cite it. Point at a bar or circle for details. The categories and summaries are Beynenson Law’s classification, made by a language model and checked by a second reading.

Lack of medical necessity

Open the full map

Did the insurer’s proof establish lack of medical necessity, and did the provider’s evidence rebut it?

This decision: Insurer's proof established lack of medical necessity and the provider failed to rebut it

Granted the insurer summary judgment on a sworn IME report showing resolved injuries; the provider's unsworn doctor's report lacked probative value and in any event did not meaningfully refer to or rebut the insurer's findings.

  • Appellate DivisionApp Div 1
  • Appellate TermApp Term 60
  • Trial courtsTrial 11
2008, Appellate Division: 1 decision (1 Insurer raised triable issue)2020, Appellate Term: 1 decision (1 Unrebutted, insurer prevails)2018, Appellate Term: 2 decisions (2 Unrebutted, insurer prevails)2017, Appellate Term: 1 decision (1 Unrebutted, insurer prevails)2016, Appellate Term: 6 decisions (2 Unrebutted, insurer prevails, 1 Provider's rebuttal sufficient, 1 Insurer raised triable issue, 2 Insurer's proof insufficient)2015, Appellate Term: 6 decisions (5 Unrebutted, insurer prevails, 1 Provider's rebuttal sufficient)2014, Appellate Term: 7 decisions (2 Unrebutted, insurer prevails, 1 Provider's rebuttal sufficient, 4 Insurer's proof insufficient)2013, Appellate Term: 11 decisions (4 Unrebutted, insurer prevails, 4 Provider's rebuttal sufficient, 2 Insurer's proof insufficient, 1 Trial error, new trial)2012, Appellate Term: 4 decisions (4 Unrebutted, insurer prevails)2011, Appellate Term: 2 decisions (1 Unrebutted, insurer prevails, 1 Insurer's proof insufficient)2010, Appellate Term: 2 decisions (1 Unrebutted, insurer prevails, 1 Insurer's proof insufficient)2009, Appellate Term: 4 decisions (1 Insurer raised triable issue, 2 Insurer's proof insufficient, 1 Trial error, new trial)2008, Appellate Term: 3 decisions (3 Insurer's proof insufficient)2007, Appellate Term: 6 decisions (1 Unrebutted, insurer prevails, 1 Insurer raised triable issue, 2 Insurer's proof insufficient, 2 Trial error, new trial)2006, Appellate Term: 3 decisions (1 Insurer raised triable issue, 1 Insurer's proof insufficient, 1 Trial error, new trial)2004, Appellate Term: 1 decision (1 Insurer raised triable issue)2024, Appellate Term: 1 decision (1 Unrebutted, insurer prevails)2021, Trial courts: 2 decisions (1 Provider's rebuttal sufficient, 1 Insurer's proof insufficient)2020, Trial courts: 2 decisions (1 Unrebutted, insurer prevails, 1 Provider's rebuttal sufficient)2019, Trial courts: 1 decision (1 Provider's rebuttal sufficient)2011, Trial courts: 1 decision (1 Insurer's proof insufficient)2007, Trial courts: 1 decision (1 Unrebutted, insurer prevails)2006, Trial courts: 2 decisions (1 Insurer raised triable issue, 1 Insurer's proof insufficient)2005, Trial courts: 1 decision (1 Unrebutted, insurer prevails)2004, Trial courts: 1 decision (1 Insurer's proof insufficient)This decision
2005201020152020
Unrebutted, insurer prevailsProvider's rebuttal sufficientInsurer raised triable issueInsurer's proof insufficientTrial error, new trialThis decisionCites it or cited by itCited or followed

Of the 72 decisions on this question in the First Department courts and the Court of Appeals, 28 (this one included) are in the same category. One decision in other departments that cites or is cited by this one is on the full map.

Cited in this decision

  • CPT Med. Servs., P.C. v New York Cent. Mut. Fire Ins. Co. (2007 NY Slip Op 27526)The provider's attorney affirmation and unsworn medical report failed to rebut the insurer's evidence of lack of medical necessity.

Cited by

A label shows how the later decision treated this one.

  • Global Liberty Ins. Co. v W. Joseph Gorum, M.D., P.C. (2016 NY Slip Op 06680) FollowedThe insurer's affirmed peer review supported a default judgment despite lacking an original signature.
  • Premier Health Choice v Praetorian Ins. Co. (2015 NY Slip Op 51383(U)) FollowedThe provider's unsworn doctor's report failed to rebut IME findings that the assignor needed no further physical therapy.
  • American Tr. Ins. Co. v Right Choice Supply, Inc. (2023 NY Slip Op 23039)A no-fault arbitrator need not apply summary judgment rules requiring a provider's medical evidence to specifically rebut an insurer's peer review.

Similar decisions

  • American Chiropractic Care, P.C. v Praetorian Ins. Co. (2014 NY Slip Op 50346(U))The provider's treating chiropractor's sworn letter raised a factual issue on medical necessity despite the insurer's peer review.
  • Bay Plaza Chiropractic, P.C. v Praetorian Ins. Co. (2012 NY Slip Op 52315(U))The provider's chiropractor affidavit raised a triable issue of medical necessity despite the insurer's supported peer review.
  • Synergy Med. v Praetorian Ins. Co. (2013 NY Slip Op 51047(U))The insurer's sworn peer review established lack of medical necessity, and the provider's unsworn, conclusory reports raised no triable issue.
  • BLR Chiropractic, P.C. v American Tr. Ins. Co. (2012 NY Slip Op 50882(U))The insurer's peer review report and reviewing chiropractor's affidavit established lack of medical necessity, which the provider failed to rebut.
  • Innovative MR Imaging, P.C. v Praetorian Ins. Co. (2013 NY Slip Op 50264(U))The provider's unsworn, conclusory chiropractor's report failed to rebut the insurer's showing that MRI tests lacked medical necessity.
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