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Matter of Byrnes v New Is. Hosp. 2018 NY Slip Op 08400 Decided on December 6, 2018 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: December 6, 2018

526413

[*1]In the Matter of the Claim of JENMARIE BYRNES, Claimant,

v

NEW ISLAND HOSPITAL et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

Calendar Date: October 17, 2018Before: Garry, P.J., McCarthy, Lynch, Aarons and Rumsey, JJ.

Habberfield Kaszycki LLP, Buffalo (Ashley M. Bulger of counsel), for appellants.

Barbara D. Underwood, Attorney General, New York City (Marjorie S. Leff of counsel), for respondent.

MEMORANDUM AND ORDER

Rumsey, J.

Appeal from a decision of the Workers' Compensation Board, filed June 12, 2017, which ruled that claimant's use of the prescription drug Amrix is medically necessary.

Claimant suffered work-related injuries to her back, right shoulder and left hip in 2000 and was awarded workers' compensation benefits. The claim was later amended to include consequential injuries to the right shoulder and left hip. In February 2016, the employer and its workers' compensation carrier (hereinafter collectively referred to as the employer) submitted a request for further action, asserting that claimant's continued, long-term use of the prescription medication Amrix was not medically necessary. At a hearing, the employer's medical expert testified that Amrix is a muscle relaxant that is recommended for only short-term use not exceeding three weeks. He opined, therefore, that there was no medical basis for claimant's continued use of the medication. Claimant's treating physician testified that claimant had experienced a positive response to Amrix and that, in combination with other therapies, it had allowed her to perform the activities of daily living and to continue working as a nurse. Following the hearing, a Workers' Compensation Law Judge found that the medication is medically necessary, and the Workers' Compensation Board affirmed. The employer appeals....