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Court Revives Declaratory Judgment Action on Pharmacy's Ability to Seek Payment

Thursday, June 24, 2021 | 0

A New York appellate court ruled that a trial court justice should not have dismissed a worker’s declaratory judgment action seeking a determination of whether a pharmacy can seek payment of a prescription bill from the responsible party in a plenary proceeding. Case: 21st Century Pharmacy v. American International Group, No. 2017-12205, 06/16/2021, published. Facts and procedural history: Juan Flores worked for Albert Kemperle Inc. Flores filed a workers’ compensation claim after an on-the-job injury and obtained a prescription for medication. He filled the prescripti...

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