John Feroleto and Paul Becker provide continuing legal education in Buffalo, NY

An applicant establishes a prima facie showing of its entitlement to No-Fault benefits as a matter of law by submitting evidentiary proof that the prescribed statutory billing forms had been mailed and received and that payment of No-Fault benefits were overdue. Sunshine Imaging Association/WNY MRI v. Government Employees

As an injury attorney in Buffalo and Western New York that has been to many trials, the admissibility of the testimony plaintiff’s treating doctors often is an issue.

In New York Hosp. v. Country-Wide, it was held that after the carrier denies a no-fault claim because the carrier’s doctor claims that no further care is needed, a provider need not continue sending in bills to later establish a claim for payment. In other words, the carrier