A New York appellate court upheld a determination that a worker was entitled to diagnostic hearing tests.
Case: Matter of Clement v. Colwell Brothers, No. CV-24-1878, 05/28/2026, published.
Facts: George Clement established a workers' compensation claim for an occupational disease of binaural hearing loss in 1989. He received a 23% schedule loss-of-use award.
In 2022, liability for the claim was transferred to the Special Funds by operation of law.
In 2023, Sarah Sugden, an audiologist, filed a prior authorization request seeking approval for diagnostic testing, including tympanom...
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