26 Fla. L. Weekly Supp. 685a
Online Reference: FLWSUPP 2608MOLIInsurance — Personal injury protection — Discovery — Medical provider is ordered to provide better answers to interrogatories, requests to produce, and requests for admissions regarding insured’s medical condition, treatment provided, and insured’s status as employee of provider at time of treatment
MITCHELL R. GREENBERG, DC, INC. d/b/a Injury Treatment Solutions and/or All Brevard Chiro/Med, as Assignee of Angelique Molina, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Brevard County. Case No. 05-2010-CC-049878. August 23, 2018. Kenneth Friedland, Judge. Counsel: David Alexander, Bradford Cederberg, P.A., Orlando, for Plaintiff. William K. Pratt, Gobel Flakes, L.L.C., Orlando, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION TOCOMPEL BETTER ANSWERS TO DEFENDANT’SSECOND INTERROGATORIES, SECONDREQUEST TO PRODUCE, THIRD REQUEST TOPRODUCE, FIRST REQUEST FOR ADMISSIONS,AND SECOND REQUEST FOR ADMISSIONS
THIS MATTER having come before this Honorable Court on Defendant’s Motion to Compel Better Answers to Defendant’s Second Interrogatories, Second Request to Produce, Third Request to Produce, First Request for Admissions and Second Request for Admissions and this Honorable Court having heard arguments of counsel on August 9, 2018, and being otherwise fully advised in the premises, it is hereby,
ORDERED AND ADJUDGED that:
1. Defendant’s Motion to Compel Better Answers to Defendant’s Second Interrogatories is hereby GRANTED. Plaintiff shall provide better answers to the following Second Interrogatories within 15 days of the signing of this order:
Please provide the names of any and all employees or any independent contractors who in any way assisted in providing treatment to Angelique Molina.
Please provide the names of any and all employees or any independent contractors who in any way assisted in billing for services rendered to Angelique Molina.
Please provide the name of any and all medical director for plaintiff for the time period in which Angelique Molina received treatment from plaintiff.
2. Defendant’s Motion to Compel Better Answers to Defendant’s Second Request to Produce is hereby GRANTED. Plaintiff shall provide better answers to the following Second Request to Produce within 15 days of the signing of this order:
Please provide any and all work schedules for employment of Angelique Molina for any and all days in which Angelique Molina received treatment from Plaintiff.
Please provide any and all timeclock entries for employment of Angelique Molina for any and all days in which Angelique Molina received treatment from Plaintiff.
Please provide any and all documents which reference employment of Angelique Molina for any and all days in which Angelique Molina received treatment from Plaintiff.
Please provide any and all check stubs which reference employment of Angelique Molina for any and all days in which Angelique Molina received treatment from Plaintiff.
Please provide any and all documents which reference license status as a healthcare clinic for any and all days in which Angelique Molina received treatment from Plaintiff.
Please provide any and all assignment of benefits in Plaintiff’s possession which contain Angelique Molina’s name.
Please provide any and all documents which reference business establishment for each entity named as Plaintiff in this case.
Please provide any and all documents including but not limited to correspondence, bills, medical records, for any time in which Angelique Molina has received treatment from Plaintiff, five years prior to the date of loss at issue in this case and five years after the last date of treatment at issue in this case.
Please provide any and all documents to or from Angelique Molina regarding her treatment and billing for treatment at issue in this case.
Please provide any and all documents to or from Angelique Molina attorney regarding Plaintiff treatment and billing for Angelique Molina.
3. Defendant’s Motion to Compel Better Answers to Defendant’s Third Request to Produce is hereby GRANTED. Plaintiff shall provide better answers to the following Third Request to Produce within 15 days of the signing of this order:
Please provide any and all documents that Plaintiff will present as evidence at summary judgment hearing and/or trial to establish that the treatment provided by Plaintiff from March 6, 2008 to June 6, 2008 was reasonable necessary and related to the June 26, 2007 automobile accident.
Please provide any and all documents in Plaintiff’s possession which reference an injury being sustained by Angelique Molina following an examination performed by Dr. Kaplan on January 9, 2008.
4. Defendant’s Motion to Compel Better Answers to Defendant’s First Request for Admissions is hereby GRANTED. Plaintiff shall provide better answers to the following First Request for Admissions within 15 days of the signing of this order:
Admit or deny that Angelique Molina was an employee of Plaintiff for all times in which she received treatment from Plaintiff in this case.
Admit or deny that Angelique Molina received treatment from Plaintiff while working for Plaintiff in this case.
Admit or deny that Angelique Molina received payment for employment in which she also received treatment from Plaintiff in this case.
5. Defendant’s Motion to Compel Better Answers to Defendant’s Second Request for Admissions is hereby GRANTED. Plaintiff shall provide better answers to the following Second Request for Admissions within 15 days of the signing of this order:
Admit or Deny, the dates of service at issue in this complaint are March 6, 2008 through June 6, 2008.
Admit or Deny, Angelique Molina claims she was injured on January 9, 2008 during an independent medical examination conducted by Mitchell Kaplan. D.C.
Admit or Deny, Angelique Molina claimed injury to her lumbar spine as a result of January 9, 2008 independent medical examination.
Admit or Deny, Angelique Molina received treatment to her lumbar spine area on dates of service March 6, 2008, March 8, 2008 March 24, 2008, April 1, 2008, April 10, 2008, April 11, 2008, April 17, 2008, April 30, 2008, May 1, 2008, May 2, 2008, May 5, 2008, May 7, 2008, May 12, 2008, May 15, 2008, May 16, 2008, May 20, 2008, May 21, 2008, May 23, 2008, May 29, 2008, May 30, 2008, June 2, 2008, June 6, 2008.
Admit or Deny, Angelique Molina received evaluation and management service for her lumbar spine injury on March 19, 2008, April 2, 2008, June 4, 2008.
Admit or Deny, the May 5, 2008 daily SOAP note indicates the date of injury/onset is “MVA Tuesday, June 26, 2007 and IME with Dr. Mitchell Kaplan when she was manipulated by Dr. Kaplan without her consent and without any doctor-patient relationship.
Admit or Deny, the May 5, 2008 note reflects, “Based on the patient’s ongoing complaints and findings the patient will be placed on an active treatment frequency again treating this like a new injury. Unfortunately, the patient was at the end of her treatment plan when this incident occurred and the doctors that were treating her got caught up in that and didn’t schedule her at an increased therapeutic frequency again as is medically necessary because of a new specific incident resulting in a new injury and new symptoms.”
