In a lengthy decision handed down by a divided court on July 18, 2013, the Third Department held that medical treatment which is not specifically included in the MTG is presumptively unnecessary and it is Claimant’s burden to overcome this presumption by proving medical necessity when a variance is sought.
The decision and an article from the New York Law Journal can be accessed below.
<a href="https://thelomad.com/getmad.today/wp-contentthelomad.com/getmad.today/wp-content/uploads/2013/07/Treatment-Outside-MTG-is-Pre-Determined-as-Not-Medically-Necessary.pdf" target="_blank" rel="noopener">Treatment Outside MTG is Pre-Determined as Not Medically Necessary</a>
New York Law Journal_ Workers Comp Reform Named Approved Procedures Judges Say