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THEODORE P. VLAHOS, INC. D/B/A CENTER FOR ORTHOPAEDIC INJURIES & DISORDERS A/A/O LAURA ELFVENGREN, Plaintiff, vs. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 110a

Online Reference: FLWSUPP 2201VLAHInsurance — Discovery — Independent medical examination — Medical provider is entitled to discovery of certain records of non-party IME vendor

THEODORE P. VLAHOS, INC. D/B/A CENTER FOR ORTHOPAEDIC INJURIES & DISORDERS A/A/O LAURA ELFVENGREN, Plaintiff, vs. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County, Small Claims Division. Case No. 13-007310-SC. May 9, 2014. Myra Scott McNary, Judge. Counsel: Stephen B. Farkas, Dolman Law Group, Clearwater, for Plaintiff Bay Area Wellness, Inc. Brian Giddings, for Defendant Progressive Select Ins. Co.

ORDER

THIS CAUSE having come before the Court on May 7, 2014 upon the Defendant’s Objection to Plaintiff’s Notice of Production from Non-Party and the Court, having heard oral argument from counsels, considered the authorities, and being otherwise fully advised in the premises finds as follows:

Plaintiff filed a Notice of Production from Non-Party directed towards the serving of a Subpoena to Exam Works, Inc; a non-party, IME vendor company. Defendant filed a timely Objection to Plaintiff’s Notice and this hearing resulted.

The cases of Southern Diagnostic Assocs. v. Bencosme833 So. 2d 801 (Fla. 3d DCA 2002) [27 Fla. L. Weekly D2344d] and Allstate Ins. Co. v. Boecher733 So. 2d 993 (Fla. 1999) [24 Fla. L. Weekly S187a] are instructive in the matter and guide this Court’s ruling.

ACCORDINGLY, Defendant’s Objection is OVERRULED.

The Court notes that no Objection was received by Exam Works, Inc at this time and this Order applies only to the Defendant’s Objection .

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