Matter of Liebman v New York City Dept. of Envtl. Protection

Matter of Liebman v New York City Dept. of Envtl. Protection 2012 NY Slip Op 09114 Decided on December 27, 2012 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: December 27, 2012
514209 In the Matter of the Claim of

[*1]SCOTT LIEBMAN, Claimant,

v

NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

Calendar Date: November 20, 2012
Before: Peters, P.J., Rose, Lahtinen, Malone Jr. and Garry, JJ.


Michael A. Cardozo, Corporation Counsel, New York
City (Paul M. Zaragoza of counsel), for appellant.
Eric T. Schneiderman, Attorney General, New York
City (Iris A. Steel of counsel), for Workers' Compensation
Board, respondent.

MEMORANDUM AND ORDER


Lahtinen, J.

Appeal from a decision of the Workers' Compensation Board, filed June 10, 2011, which, among other things, directed the employer to reimburse an out-of-network service provider at the in-network payment rate.

Claimant received diagnostic services from an out-of-network provider despite having been given ample notice from the self-insured employer to use its network provider. The employer contended that, pursuant to Workers' Compensation Law § 13-a (7), it was not obligated to reimburse the out-of-network provider. The Workers' Compensation Board directed the employer to reimburse claimant's provider at the rate it would have paid for in-network services. The employer appeals. We affirm for the reasons set forth in our recent decision in Matter of Rivera (North Cent. Bronx Hosp.) (___ AD3d ___, 2012 NY Slip Op 08600 [2012]), which addressed the same issue as is presented here.

Peters, P.J., Rose, Malone Jr. and Garry, JJ., concur.

ORDERED that the decision is affirmed, without costs.