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Tuesday, January 27, 2009

01-20-09 Orthopaedic Associates a/s/o Samuel Mdigos-Mulli v.

01-20-09 Orthopaedic Associates a/s/o Samuel Mdigos-Mulli v.
The Department of Banking and Insurance, et als. A-5591-06T2
In affirming the dismissal of an action collaterally challenging a PIP-benefits determination and attacking the overall fairness of the medical review organization (MRO) process under AICRA's dispute resolution process, we held that, because the impartiality of an MRO physician can be challenged as part of an action brought in the Law Division pursuant to
N.J.S.A. 2A:23A-13 for review of the dispute resolution professional's decision, the process itself was not inherently unfair.