26 Fla. L. Weekly Supp. 40a
Online Reference: FLWSUPP 2601GILInsurance — Personal injury protection — Charge for electrodes pursuant to CPT code A4556 is covered under PIP statute
FLORIDA PAIN AND WELLNESS CENTERS, INC., (a/a/o Maria Gil), Plaintiff, v. ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Civil Division. Case No. 37-CC-017980. March 13, 2018. Gaston J. Fernandez, Judge. Counsel: Timothy A. Patrick, Patrick Law Group, P.A., Tampa, for Plaintiff. Anthony Parrino, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTIONFOR SUMMARY JUDGMENT AND DENYINGDEFENDANT’S MOTION FOR SUMMARY JUDGMENT
THIS MATTER having come before the court on March 6, 2018 on Plaintiff’s Motion for Summary Judgment and Defendant’s Motion for Summary Judgment. The court having considered both parties’ Motions, the arguments presented by the parties, applicable law, and being otherwise fully advised, finds,
1. This is a PIP breach of contract case solely concerning whether a $20.00 charge for electrodes pursuant to CPT code A4556 is covered under the PIP statute.
2. This court adopts the ruling in Florida Injury Kissimmee, LLC (a/a/o Theresa Miranda v. State Farm Mutual Automobile Ins. Co., 24 Fla. L. Weekly Supp. 191b (Fla. 17th Jud. Cir. City. Ct., Broward Cty., December 4, 2015, Robert W. Lee, Judge), wherein the court granted Plaintiff’s Motion for Summary Judgment and found that CPT code A4556 (electrodes/EMS pads) was covered under the No-Fault Law.
3. Plaintiff’s Motion for Summary Judgment is HEREBY GRANTED.
4. Defendant’s Motion for Summary Judgment is HEREBY DENIED.
5. The court reserves jurisdiction over Plaintiff’s entitlement to attorney’s fees and costs.
