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Treatment Guidelines Clear 1st Appellate Court Test

By Sherri Okamoto (Legal Reporter)

Monday, July 22, 2013 | 0

A divided New York appellate panel upheld the use of medical treatment guidelines adopted by the State Workers' Compensation Board to disapprove of treatments that are not recommended. The case, titled In The Matter of Kigin v. State of New York Workers' Compensation Board, No. 515721, is one of the first cases to consider how the guidelines should be applied. The New York 3rd Appellate Division ruled that an insurer could deny a request by an acupuncturist to exceed the number of treatments called for by the guidelines to relieve neck and back pain suffered by injured worker Maureen K...

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