New York: Out-of-State Medical Treatment Must Comply With State’s Medical Guidelines

Acknowledging that a New York claimant who moved from the Empire State to another—in this case, Nevada—was entitled to reasonable and adequate medical treatment in his or her new location, a New York appellate court held that such out-of-state treatment was, nevertheless, still subject to New York’s Medical Treatment Guidelines. Accordingly, it was appropriate for the state’s Workers’ Compensation Board to find that claimant’s Nevada prescriptions for LidoPro ointment (a compounded pain medication) and Terocin patches had not prescribed in accordance with the guidelines and, therefore, the employer and carrier were not obligated to pay for them.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Matter of Gasparro v. Hospice of Dutchess County, 2018 N.Y. App. Div. LEXIS 7783 (Nov. 15, 2018)

See generally Larson’s Workers’ Compensation Law, § 94.02.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, See