Adam Marigliano LMT a/a/o Jennifer Rivadeneyra v. State Farm Mutual Auto Ins. Co,

Outcome: Judgment for defendant

Description: In this no-fault benefits suit, plaintiff, a licensed massage therapist (LMT) sued for massage therapy rendered to the assignor after an auto accident. At trial, an expert chiropractor testified for State Farm that, based on an IME, the treatment was not necessary. The LMT took the stand and said massage was helpful for subjective complaints of pain, but that he could not recall treating this particular patient. The Court ruled that "A licensed massage therapist is not eligible to receive no-fault benefits," citing an Appellate Division, 3d Dept case. The Complaint was dismissed.