In Kigin v. WCB, the Court of Appeals upholds the presumption that treatment outside the MTGs is not medically necessary and the attending physician has the burden of proof of the need for a variance.

By decision drafted by Justice Pigott (Justices Read, Smith and Abdus-Salaam concur) the New York Court of Appeals affirms that the Workers’ Compensation Board did not exceed its statutory authority when it promulgated portions of the Medical Treatment Guidelines. The...