Mingmen Acupuncture Servs., PC v Global Liberty Ins. Co. of N.Y.
The insurer's IME report established that further acupuncture treatment was not medically necessary. The Appellate Term, First Department, reversed the order, insofar as appealed from, granted the insurer's motion for summary judgment, and dismissed the provider's complaint. The insurer timely denied the claims based on a sworn IME report that supplied a factual basis and medical rationale for concluding that the assignor's injuries had resolved. The provider's principal's affidavit raised no triable issue because it was not based on an examination and did not meaningfully rebut the examiner's findings, including normal range-of-motion results. The assignor's subjective pain complaints did not overcome the objective tests detailed in the report.