Matter of Rivera v. North Central Bronx Hospital

APPELLATE DIVISION
THIRD DEPARTMENT
Workers' Compensation

New York Law Journal

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Justice Robert Rose

North Central Bronx Hospital appealed from a Workers' Compensation Board decision that claimant Rivera failed to comply with Workers' Comp Law §13-a. The hospital argued the board improperly interpreted §13-a(7) by requiring it to reimburse Rivera's doctor for a certain test. Rivera was injured and applied for Workers' Comp. The hospital notified her that it contracted with a specific provider for certain diagnostic tests that she must use, and failure to do so will result in non-payment for the services. Despite this, Rivera underwent testing elsewhere, and the hospital objected to paying for the procedure. The board agreed that Rivera was required to undergo the tests with a specified provider, but directed employer to reimburse Rivera's treating physician for the test. The panel found no support for the hospital's contention it should not have to pay anything to the provider, stating nothing in the statutory or legislative history suggested that non-payment was the appropriate remedy. Therefore, the court declined to disturb the board's decision, and affirmed the order.

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