16 Fla. L. Weekly Supp. 199a

Online Reference: FLWSUPP 162HODGE

Insurance — Personal injury protection — Coverage — Medical expenses — Summary judgment — Physician’s report is legally insufficient to defeat medical provider’s motion for summary judgment on issue of whether medical bills are reasonable, related and medically necessary where report is based solely on review of records of treating physician and is not supported by independent medical examination

NDNC NEUROLOGICAL TREATMENT CENTERS, INC., (a/a/o Gabriela Hodge), Plaintiff(s), vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant(s). County Court, 17th Judicial Circuit in and for Broward County. Case No. 06-10053 COCE 56. November 25, 2008. Linda R. Pratt, Judge. Counsel: Emilio R. Stillo, South Florida Trial Lawyers LLC, Sunrise, for Plaintiff. Terri Kim, Office of the General Counsel, United Automobile Insurance Company, for Defendant.

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

This cause is before the Court on Plaintiff’s Motion for Summary Judgment on the issues of whether the bills in question are reasonable, related, and medically necessary. Based upon the record, the Court finds as follows:

Undisputed Facts:

The Plaintiff treated Gabriela Hodge from February 23, 2003 to March 11, 2003 for injuries suffered in an automobile accident on or about February 7, 2003. Medical treatment rendered by the Plaintiff totaled three thousand six hundred seventy dollars ($3,670.00). The Defendant did not pay any of the medical bills within thirty (30) days of receipt of the bills. The Defendant did not schedule Gabriela Hodge for a compulsory physical examination nor furnish an itemized specification of benefits to the Plaintiff.

On June 27, 2003, the Defendant obtained a records review from Dr. Peter J. Millheiser, MD. The Defendant has filed the affidavit of Dr. Peter Millheiser, MD in opposition to Plaintiff’s motion.

Conclusions of Law:

The Court has considered the affidavit of Dr. Peter J. Millheiser, MD, but finds it legally insufficient to defeat Plaintiff’s motion, based upon the decisions in United Automobile Insurance Company v. Bermudez, 980 So. 2d 1213 (Fla. 3rd DCA 2008), and United Automobile Insurance Company v. Metro Injury and Rehab Center, case numbers 07-437AP and 08-168AP (11th Cir. App. Nov. 13, 2008).

Therefore it is ORDERED and ADJUDGED that Plaintiff’s Motion for Summary Judgment as to reasonableness, relatedness and medical necessity is Granted.