December 27, 2012
The City of New York objected to another decision directing them to pay an out of network provider at the same rate that they had contracted for with their provider network. This decision is in accordance with the decision from a few weeks ago on the same issue. There may be more of these cases coming down as the City of New York was filing multiple appeals on this issue.
When the Workers’ Compensation Board directs a workers’ compensation carrier to pay awards and medical expenses without prejudice the case cannot be appealed to the courts. The decision that is appealed from does not finally resolve the workers’ compensation carrier’s actual apportioned liability. Because the decision does not fully resolve the issue the court will not entertain the appeal. The case was sent back to the Workers’ Compensation Board to finish developing the record and to make the case ripe for review in the courts.