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FINNIE CHIROPRACTIC CENTER, LLC as assignee of QIANA WHITE, Plaintiff, vs. PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendant.

15 Fla. L. Weekly Supp. 999c

Insurance — Personal injury protection — Evidence — Fee schedules — Motion to take judicial notice of Medicare Part B fee schedule and workers’ compensation fee schedule is granted

FINNIE CHIROPRACTIC CENTER, LLC as assignee of QIANA WHITE, Plaintiff, vs. PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 06-SC-9292. July 28, 2008. Deb S. Blechman, Judge. Counsel: George Milev, Adams & Diaco, P.A., Tampa. Richard Hale.

ORDER ON DEFENDANT’S MOTION FOR JUDICIAL NOTICE AND MOTION TO COMPEL

THIS CAUSE having come before the Court on Defendant’s Motion for Judicial Notice of the Medicare Physician’s Reimbursement Schedule and Florida Worker’s Compensation Reimbursement Manual, and on Defendant’s Amended Motion to Compel Better Answers to Request to Produce, and the Court being duly advised in the premises, hereby

FINDS, ORDERS AND ADJUDGES as follows:

1. Defendant filed a Motion for Judicial Notice of the Medicare Part B Fee Schedule and the Florida Worker’s Compensation Fee Schedule.

2. Pursuant to §90.201, §90.202 and §90.203, Fla. Stat., Defendant’s Motion for Judicial Notice is GRANTED.

3. The applicable Medicare Part B Participating Physicians’ Fee Schedule and the Florida Worker’s Compensation Fee Schedule shall be admissible at trial.

4. Defendant’s Amended Motion to Compel Better Answers to Request to Produce is GRANTED.

5. Plaintiff shall produce any and all available documents in Plaintiff’s possession except for privileged documents in response to the paragraphs listed in Defendant’s Amended Motion to Compel within 30 days of this Order.

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