16 Fla. L. Weekly Supp. 964d

Online Reference: FLWSUPP 1610CABA

Insurance — Personal injury protection — Coverage — PIP statute provides for payment of 80% of applicable amount reimbursable under workers’ compensation fee schedule

FLORIDA MEDICAL & INJURY CENTER, INC., as assignee of Maria Caban, Plaintiff, vs. FLORIDA FARM BUREAU GENERAL INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Osceola County. Case No. 08-SC-3427. July 28, 2009. Ronald A. Legendre, Judge. Counsel: Michael Tierney, Winter Park. Dale Parker and Troy McRitchie, St. Petersburg.

ORDER ON 7/28/09 HEARING REGARDING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

THIS CAUSE having come before the Court, and the Court having reviewed the Motion(s) being otherwise duly advised in the premises, it is hereby

ORDERED AND ADJUDGED:

1. Defendant’s Motion for Summary Judgment is DENIED.

2. The Correct Statutory Interpretation of §627.736(5) (Fla. Stat. 2008) is 80% of the applicable amount reimbursable at Workers’ Compensation fee schedule; which is 80% of $10.00, or $8.00.

3. It is not 80% of 80% as the Defendant contends.