Tips for No-Fault Carriers
Written by David M. Goodman, Esq.
Here is a quick practice pointer for no-fault carriers. When a claimant fails to appear for a scheduled IME, have the IME examining medical provider prepare a quick affirmed/notarized report confirming that non-appearance.
The reason for this is to preserve with a present sense impression that finding of the examining provider. In that regard, when motion practice or other applications are sought in the future, which may be many months later, the recollection of the provider may not be as clear. Additionally, because the report will be based upon the personal knowledge of the examining professional, and forwarded to the IME scheduling vendor, it will satisfy evidentiary requirements.
As a reminder, if the provider is a physician, osteopath or dentist the report can be affirmed pursuant to CPLR§2106. Otherwise, the report should be sworn to and properly notarized.
This is based on the case of Satya Drug Corp. v. Global Liberty Insurance, 2019 NY Slip Op. 51505(U), First Dept., 9/20/19.