16 Fla. L. Weekly Supp. 1155b
Online Reference: FLWSUPP 1612ROO2
Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form that described services as “consult, exam, x-rays, therapy, biofreeze, hot pk” was not deficient for failing to specifically list all services performed or for listing consult service not reflected in medical notes — Even if D&A form did not list services provided, insurer would continue to be liable for services rendered after initial date of service
ROOSEVELT REHAB & CHIROPRACTIC, INC. d/b/a Blanding Rehab & Chiropractic, as Assignee of Antonio Dobbins, Plaintiff(s) vs. UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant(s). County Court, 4th Judicial Circuit in and for Duval County. Case No. 16-2009-cc-1250, Division C. September 22, 2009. Brent D. Shore, Judge. Counsel: D. Scott Craig, D. Scott Craig, P.A., Jacksonville. James B. Eubanks, Jacksonville.
ORDER ON DEFENDANT’S MOTION FOR SUMMARY DISPOSITION RE: IMPROPERCOMPLETION OF DISCLOSURE ANDACKNOWLEDGMENT FORM AND PLAINTIFF’SMOTION FOR SUMMARY FINAL JUDGMENT
This cause came before the Court for Hearing on the Defendant’s Motion for Summary Disposition RE: Improper Completion of Disclosure and Acknowledgment Form and the Plaintiff’s Motion for Summary Final Judgment and the Court having considered the argument presented and being fully advised, finds:
(a) The parties agree that the only issue to be decided is whether or not the Plaintiff provided the Defendant with a Standard Disclosure and Acknowledgment Form in compliance with Florida Statute 627.736(5)(e). In fact, the only issue appears to be limited to Paragraph 1 of the Standard Disclosure and Acknowledgment Form provided by the Plaintiff.
(b) The Standard Disclosure and Acknowledgment Form dated July 2, 2008 contains the following entry with regard to Paragraph 1: “Consult, exam, x-rays, therapy, biofreeze, hot pk”. The Defendant asserts that the Plaintiff’s entry is fatally flawed because the treating provider of services, Michael Buchanan, D.C., allegedly failed to specifically list services that were provided (hydro collator, mechanical traction, electrical stimulation or joint mobilization/myofascial release) and allegedly listed a service (Consult) which was not reflected on the medical notes as having been performed.
(c) Unlike many cases where Paragraph 1 of the Standard Disclosure and Acknowledgment Form is left blank, (see North Florida Medical Clinic, Inc., Plaintiff v. Progressive Select Insurance Company, Defendant, County Court, Fourth Judicial Circuit, In and For Duval County, Florida, Case No.: 16-2006-SC-8650) [14 Fla. L. Weekly Supp. 689b], the medical provider in this case advised the Defendant that medical services were performed. The only question is whether or not the listed medical services in Paragraph 1 are legally sufficient. In Boca Medical Therapy, Inc., Plaintiff v. U.S.A.A. Casualty Insurance Company, Defendant, County Court, Fifteenth Judicial Circuit, In and For Palm Beach County, Case No.: 50-2008-SC-11506-XXXX-SB-RB (May 18, 2009) [16 Fla. L. Weekly Supp. 772a], the Court found that “evaluation new patient and therapy”, was a sufficient description of medical services provided on the initial date of service. That Court further found that the Plaintiff was not required to have all four therapy services which were billed individually listed on the Standard Disclosure and Acknowledgment Form. In Steven L. Rhodes D.C.P.A. as Assignee of Lindsey Ellerbe, Plaintiff v. Garrison Property and Casualty Insurance Company, Defendant, Small Claims Court, Fourth Judicial Circuit, In and For Duval County, Florida, Case No. 16-2008-SC-008239, Division O (May 27, 2009) [16 Fla. L. Weekly Supp. 857a], the Court denied the Defendant’s Motion For Final Summary Judgment and granted the Plaintiff’s Motion For Final Summary Judgment. That Court found that even if the initial submission of a Disclosure and Acknowledgment Form did not contain the description of the medical services rendered, the Defendant may continue to be liable for payment for medical services provided subsequent to the initial date of service.
This Court adopts the reasoning of the two cases noted above. Further, it is the policy of the Courts of Florida, when construing provisions of the Florida No-Fault Act, to construe the act liberally in favor of the insured. Palma v. State Farm Mutual Automobile Insurance Company, 489 So.2d 147, 149 (Fla. 4th DCA 1986). Therefore, it is
ORDERED AND ADJUDGED:
1. The Defendant’s Motion For Summary Disposition RE: Improper Completion of Disclosure and Acknowledgment Form is Denied.
2. The Plaintiff’s Motion For Summary Final Judgment is Granted. The Plaintiff is entitled to reasonable attorney’s fees and costs pursuant to Sections 627.736 and 627.428, Florida Statutes, as the prevailing party. The Court reserves jurisdiction to enforce the terms and conditions of this Order and Final Judgment, as well as to award attorney’s fees and costs to the Plaintiff’s attorney and to take any other action which may become necessary in this cause.
