18 Fla. L. Weekly Supp. 1195a
Online Reference: FLWSUPP 1811SANT Insurance — Personal injury protection — Coverage — Medical expenses — CPT coding — Unbundling
KRYSTAL REHABILITATION SERVICES, CORP., a/a/o CRYSTAL SANTIAGO, Plaintiff, vs. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami Dade County. Case No. 10 4550 SP 25 (2). September 2, 2011. Lawrence D. King, Judge.
SUPPLEMENTAL ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE having come to be heard on Plaintiff’s, KRYSTAL REHABILITATION SERVICES, CORP., a/a/o CRYSTAL SANTIAGO’s, Motion for Summary Judgment, after due notice to all parties, the Court having heard argument of counsel on 6/2/11 and issuing a prior order, and having been otherwise fully advised in the premises, it is,
ORDERED AND ADJUDGED:
1. GRANTED. This Court has already granted the Plaintiff’s motion in regard to NCCI edits and demand letter affirmative defenses. After reviewing the affidavits filed in support and in opposition to the motion, including deposition transcripts, this Court finds that there is no genuine issue of material fact regarding the reasonable, related and medically necessary medical bills at issue in this lawsuit. Further, this Court finds that as a matter of law, there was no unbundling, therefore, payment is owed at the statutory fee schedule amount which the Plaintiff has agreed to accept for purposes of this matter.
2. This Court incorporates by reference its Order granting the Plaintiff’s Motion for Summary Judgment in Case No.: 10-4551 SP 25 (02) and the case law cited therein. (A true and correct copy of that Order is attached as Exhibit “A” to this order).
3. Since there are no remaining issues, the Court requests that the parties submit a Final Judgment in favor of the Plaintiff.
