16 Fla. L. Weekly Supp. 1137a
Online Reference: FLWSUPP 1612UNIT
Insurance — Personal injury protection — Discovery — Medical records of nonparties — Trial court departed from essential requirements of law by compelling insurer’s medical expert to produce conclusions in all independent medical examinations and peer reviews performed in past three years on nonparties after redaction of medical history, exam description, and identifying biographical information, without cost of labor
UNITED AUTOMOBILE INSURANCE COMPANY, Appellant vs. WEST BROWARD WELLNESS CENTER, INC. a/a/o Paul Cepeda, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 08-50476 CACE (19). L.T. Case No. 08-08594 COCE (52). September 29, 2009. Counsel: Lara J. Edelstein, United Automobile Insurance Company, Office of General Counsel/Trial Division, Miami. Roberts J. Bradford, Kathy Eikosidekas.
OPINION
(JEFFREY E. STREITFELD, J.) THIS CAUSE comes before this Court upon Petitioner, United Automobile Insurance Company’s, Petition for Writ of Certiorari. The Court having considered the Petition, the Response, the Reply to the Response, reviewed the court file, applicable law, and being otherwise fully advised in the premises, hereby finds and concludes:
Petitioner seeks a Writ of Certiorari to quash an Order of the trial court requiring the Petitioner’s medical expert witness to make available all “conclusions” in IME and peer review records for the last three years. The order requires the redaction of “all medical history and description of medical exams, and all identifying biographical data”, without cost of labor. I find that the trial court has departed from the essential requirements of law. See Graham v. Dacheikh, 991 So.2d 932 (Fla. 2nd DCA 2008); United Automobile Insurance Company v. Complete Rehab & Medical Centers of Plantation, Inc., a/a/o Latrina Womack, Case No. 08-008328(08) (Fla. 17th Cir. Ct. April 23, 2009), rehearing denied; United Automobile Insurance Company v. Advanced Chiropractic & Medical Center Corporation a/a/o Kenson Louis-Jeune, Case No. 08-034048(02) (Fla. 17th Cir. Ct. June 9, 2009) [16 Fla. L. Weekly Supp. 732b]; United Automobile Insurance Company v. Advanced Chiropractic & Medical Center Corporation a/a/o Timothy Cooper, Case No. 08- 050484(02) (Fla. 17th Cir. Ct. June 9, 2009) [16 Fla. L. Weekly Supp. 728b]; United Automobile Insurance Company v. Advanced Chiropractic & Medical Center Corporation a/a/o Elsie Mitchell, Case No. 08-049507(26) (Fla. 17th Cir. Ct. February 4, 2009) [16 Fla. L. Weekly Supp. 233a]]; Miller v. Harris, 34 Fla. L. Weekly D311a (Fla. 2d DCA February 6, 2009); United Automobile Insurance Company v. Advanced Chiropractic & Medical Center Corporation a/a/o Thamar Michel, Case No. 08-037593(08) (Fla. 17th Cir. Ct. December 5, 2008) [16 Fla. L. Weekly Supp. 303a]. Accordingly, it is
ORDERED AND ADJUDGED that the Petition for Writ of Certiorari is hereby granted. The Order of the trial court is quashed.
