17 Fla. L. Weekly Supp. 137a
Online Reference: FLWSUPP 1702ADVAInsurance — Personal injury protection — Coverage — Medicare Part B fee schedule — Where Medicare fee schedule entirely excludes payment for medically necessary service, insurer is nonetheless obligated to pay for that service by use of other fee determinations provided by PIP law, such as usual and customary charges or workers’ compensation fee schedule
ADVANCED CHIROPRACTIC AND MEDICAL CENTER, CORP., (Sidoles Vilisinnor), Plaintiff(s), vs. STATE FARM FIRE AND CASUALTY COMPANY, Defendant(s). County Court, 17th Judicial Circuit in and for Broward County. Case No. COCE 08-017295 (53). September 14, 2009. Robert Lee, Judge. Counsel: Kathy Eikosidekas, for Plaintiff. Fernando Roig, for Defendant.
ORDER ON PLAINTIFF’S MOTION FOR CLARIFICATION OR ALTERNATIVE MOTION TO CORRECT SCRIVENER’S ERROR
[Original Opinion at 16 Fla. L. Weekly Supp. 1161d]
THIS CAUSE, having come before this Court on Plaintiff’s Motion for Clarification or Alternative Motion to Correct Scrivener’s Error of this Court’s Order dated August 27, 2009 and the Court having considered the Motion and reviewed the relevant authorities, it is ORDERED AND ADJUDGED;
1. Plaintiff’s Motion is hereby Granted.
2. This Court’s prior Order Granting Summary Judgment in favor of Plaintiff shall substitute the “Medicare Part B Fee Schedule” for the “Medicare Part A Fee Schedule”.
3. The Order remains unchanged in any other respects.
