SYLLABUS

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).

Selective Insurance Company of America v. Arthur C. Rothman, M.D. (A-60-10) (066630)

Argued October 12, 2011 -- Decided January 18, 2012 – Corrected January 19, 2012

PER CURIAM

In this appeal, the Court considers a challenge to the Appellate Division’s conclusion that a licensed Physician Assistant (PA) is not authorized to perform the electrodiagnostic test known as needle electromyography (EMG). In addition, the Court considers whether the Appellate Division erred in refusing to direct that its judgment be given only prospective effect.

Plaintiff Selective Insurance Company presented this matter to the Appellate Division through its appeals from the trial court’s decisions in three related disputes. Each of the underlying disputes arose as a result of treatment that defendant, Arthur Rothman, M.D., rendered to an auto accident victim and for which defendant submitted personal injury protection (PIP) claims to plaintiff as the accident victim’s subrogee. When plaintiff declined to pay claims for EMG tests it asserted had been performed by defendant’s PA, defendant pursued PIP arbitration and prevailed. Defendant sought confirmation of the arbitration award in the Law Division. In addition, he initiated a proceeding in the Chancery Division to secure a declaration that PAs are authorized to perform EMGs; that complaint was transferred to the Law Division. In a consolidated opinion, the trial court affirmed the arbitration award and ruled that PAs are authorized to perform EMGs.