12 Fla. L. Weekly Supp. 1175a
Insurance — Personal injury protection — Coverage — Medical benefits — MRI — Affidavit of treating physician that cervical and lumbar MRIs at issue were reasonble, medically necessary, and related to subject motor vehicle accident was not substantially impeached, and no countervailing evidence from licensed physician was presented — Accordingly, provider/assignee is entitled to summary judgment as a matter of law
HIALEAH OPEN MRI, INC., a/a/o Jocelyn Richard, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 03-16816 SP 23 (01). July 18, 2005. Myriam Lehr, Judge. Counsel: Craig H. Blinderman and Mary-Margaret Warren, Mrejen Blinderman, P.L., Fort Lauderdale, for Plaintiff.
FINAL JUDGMENT
THIS CAUSE, having come before the Court on July 18, 2005 on Plaintiff’s Motion for Final Summary Judgment and the Court, being fully advised of the premises thereof, finds as follows:
1. This is a personal injury protection (“PIP”) action.
2. At issue is the bill for two MRIs (cervical and lumbar) the Plaintiff performed on the assignor, Jocelyn Richard.
3. There are no affirmative defenses in this matter.
4. The only remaining material issue is whether medical services rendered by Plaintiff were reasonable, medically necessary and related to the subject motor vehicle accident.
5. The Plaintiff provided the Court with the affidavit of the treating physician, Dr. Henry Sanon, attesting that the cervical and lumbar MRIs at issue were reasonable, medically necessary and related to the subject motor vehicle accident.
6. The MRIs at issue are fee scheduled pursuant to F.S.§627.736(5)(b)(3).
7. The Defendant has not provided any affidavit or other countervailing evidence in opposition to Plaintiff’s Motion for Summary Judgment.
8. Since the Defendant has failed to either substantially impeach the affidavit of the treating physician or present countervailing evidence from a licensed physician to dispute the reasonable, necessary and related medical services, the Court finds that the MRIs were requested by Dr. Sanon and that the MRI services were reasonable, related and necessary.
9. Therefore, the Court hereby finds that the Plaintiff is entitled to final summary judgment as a matter of law.
10. The fee scheduled amount for the cervical MRI (CPT code 72141) is $597.57 and the fee schedule for the lumbar MRI (CPT code 72148) is 645.49 for a total of $1,243.06.
11. Plaintiff was not accredited at the time the MRIs were rendered; therefore, Plaintiff is entitled to 175% of $1,243.06 which is $2,175.35. The Defendant owes eighty percent (80%) of $2,175.35 which is $1,740.28.
12. Payment of the MRIs at issue was due on or before April 22, 2003. As such, the Defendant owes interest for 253 days in 2003, 365 days in 2004 and 195 days in 2005 at six percent (6%) for a total of $235.77 in interest.
13. The Plaintiff is entitled to a final judgment in the above styled case in the amount of $1,976.05 inclusive of PIP benefits and interest.
Based upon the foregoing it is hereby:
ORDERED and ADJUDGED that final judgment is hereby entered in favor of the Plaintiff, Hialeah Open MRI, Inc. (as assignee of Jocelyn Richard) and the Plaintiff shall recover from the Defendant, United Automobile Insurance Company, FEI #65-0415688, the amount of $1,976.05 which amount shall bear interest at the rate of 7% per annum and for which let execution issue.
IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff is entitled to an award of reasonable attorneys’ fees and costs and the Court shall reserve jurisdiction over this matter for purposes of determining the amount of such fees and costs.
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