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In the Matter of the Claim of v. New York City Department of Environmental Protection

State of New York Supreme Court, Appellate Division Third Judicial Department


December 27, 2012

IN THE MATTER OF THE CLAIM OF SCOTT LIEBMAN, CLAIMANT,
v.
NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION,
APPELLANT. WORKERS' COMPENSATION BOARD, RESPONDENT.

Appeal from a decision of the Workers' Compensation Board, filed June 10, 2011, which, among other things, directed the employer to reimburse an out-of-network service provider at the in-network payment rate.

The opinion of the court was delivered by: Lahtinen, J.

MEMORANDUM AND ORDER

Calendar Date: November 20, 2012

Before: Peters, P.J., Rose, Lahtinen, Malone Jr. and Garry, JJ.

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. The employer appeals. We affirm for the reasons set forth in our recent decision in Matter of Rivera (North Cent. Bronx Hosp.) (___ AD3d ___, 2012 NY Slip Op 08600 [2012]), which addressed the same issue as is presented here.

Peters, P.J., Rose, Malone Jr. and Garry, JJ., concur.

ORDERED that the decision is affirmed, without costs.

ENTER:

Robert D. Mayberger Clerk of the Court

20121227

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