11 Fla. L. Weekly Supp. 452a
Insurance — Personal injury protection — Claim forms — Physician’s signature — Law does not require original signature of physician on each claim form — Form that contains name of physician and his qualifications is sufficient
PHYSICAL MEDICINE PAIN CENTER, P.A., As assignee of JONATHAN FULLER, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2003-CC-14332-O. March 5, 2004. Leon B. Cheek, III, Judge. Counsel: Alexander Billias, Morgan, Colling & Gilbert, P.A., Orlando. Rachel R. Ray, Orlando.
ORDER DENYING DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS
THIS CAUSE having come on for hearing, on February 16, 2004 before the undersigned, on Defendant Motion for Judgment on the Pleadings and the Court having considered the argument of counsel, memoranda of law and authorities attached thereto finds as follows:
1. Jonathan Fuller was involved in an accident and received medical benefits from the plaintiff, Physical Medicine Pain Center, P.A. At the time of the accident he was insured by Progressive Express Insurance Company, the Defendant herein, and his policy included personal injury protection benefits (PIP).
2. Fuller executed an assignment of his PIP benefits to plaintiff who submitted medical bills to the defendant on an approved form. Box 31 of the form contains a space for the signature of physician or supplier including degrees or credentials and date. The space was not signed, but contained the name Francis Brooks, DO, and the date 8/8/03.
3. Defendant contends that it is entitled to judgment on the pleadings because the form lacks the actual signature of the physician or supplier. Plaintiff maintains that applicable state law does not require the actual placement of an original signature on each and every form submitted for payment. Plaintiff is right. There are no provisions under Sec. 627.736 that specifically require the signature of the physician or supplier on the form. In the instant case the contested form contained the name of the physician and his qualifications.
It is therefore,
ORDERED AND ADJUDGED that the Defendant’s Motion for Judgment on the Pleadings be and is hereby DENIED. See United Automobile Insurance Co., v. Medical Specialist and Diagnostic Services, CVA102-58, (Fla. 9th Cir. Ct. March 1, 2004.).
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