17 Fla. L. Weekly Supp. 379a
Online Reference: FLWSUPP 1705GORDInsurance — Personal injury protection — Evidence — CPT code manual and CPT assistant publication are both admissible through judicial notice, but effect of CPT assistant is not binding — Physician testimony is relevant to determination of whether CPT coding is applicable to tests billed
LORRAINE GORDON, Plaintiff, vs. ALLSTATE INDEMNITY COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 05-SC-12588, Div. 73. December 17, 2009. Deb S. Blechman, Judge. Counsel: Glenn Klausman, for Plaintiff. Anthony J. Parrino, Reynolds, Stowell, Parrino, P.A., St. Petersburg, for Defendant.
ORDER
THIS CAUSE came on before the Court, and the Court being fully advised in the premises, it is ORDERED and ADJUDGED as follows:
The Court finds that:
1. The “CPT Assistant” publication is incorporated by reference into the Physician’s Current Procedure Terminology (CPT) book/manual.
2. That because the CPT Manual is incorporated by reference into §627.735(5)(d), Florida Statutes; therefore, both the CPT Manual and the CPT Assistant publication are admissible through judicial notice and are admissible for the purposes of summary judgment and trial.
3. However, since the CPT Assistant is incorporated through the CPT Manual as a “reference material,” its effect is not binding, but is only a guide.
4. Additionally, the §627.736(5)(d), Florida Statutes, language “to the extent applicable” should be read to allow physician testimony as relevant for the determinations such as, whether the tests were applied to different body parts or were used to measure different body strengths/mechanisms or qualities.
