| Matter of Liebman v New York City Dept. of Envtl. Protection |
| 2012 NY Slip Op 09114 [101 AD3d 1510] |
| December 27, 2012 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of the Claim of Scott Liebman,
Claimant, v New York City Department of Environmental Protection, Appellant. Workers' Compensation Board, Respondent. |
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Eric T. Schneiderman, Attorney General, New York City (Iris A. Steel of counsel), for
Workers' Compensation Board, respondent.
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 v North Cent. Bronx Hosp. (101 AD3d 1304 [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.