27 Fla. L. Weekly Supp. 557b
Online Reference: FLWSUPP 2706BATIInsurance — Personal injury protection — Coverage — Lawfully rendered services — Plaintiff, a licensed health care facility permitted to provide follow up care and services, is entitled to reimbursement for services rendered by licensed massage therapist
PARK PLACE THERAPY, LLC, (a/a/o Enrique Batista), Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 18-CC-006791. September 19, 2019. Alissa M. Ellison, Judge. Counsel: Timothy A. Patrick, Patrick Law Group P.A., Tampa, for Plaintiff.
AGREED FINAL SUMMARY JUDGMENT
THIS MATTER having come before the court on September 11, 2019 on a Case Management Conference. The court having reviewed the file, the agreement of the parties, applicable law, and being otherwise fully advised, finds,
1. This is a PIP breach of contract seeking damages in an amount less than $10,000.00 for dates of service 12/20/16 – 2/27/17. Said action was originally brought as a Declaratory action seeking a declaration that Plaintiff holds a valid license as a health care clinic from AHCA and is eligible to receive PIP benefits.
2. On January 25, 2019, this Court entered an Order granted, in part, Plaintiff’s Motion for Summary Judgment seeking a declaration that Plaintiff holds a valid license as a health care clinic from AHCA and is eligible to receive PIP benefits.
3. On July 2, 2019, this Court entered an Order Granting in Part Plaintiff’s Amended Motion for Summary Judgment. The Court concluded that the services provided by Plaintiff are compensable and subject to reimbursement under PIP, despite the services being rendered by an LMT. Plaintiff is not an LMT seeking reimbursement for benefits in this matter and is therefore not prohibited by F.S. 627.736(1)(a)(5) from being reimbursed. Rather, Plaintiff is a licensed health care facility permitted to provide follow up services and care under F.S. 627.736(1)(a)(2) and is entitled to reimbursement.
4. The Defendant has stipulated on the record that it is withdrawing any defenses as to whether the Plaintiff submitted a valid Pre-Suit Demand Letter and has stipulated that it is not contesting whether the services were reasonable related and/or necessary.
5. The only issue Defendant seeks to appeal is the Court’s conclusion that the services provided by Plaintiff are compensable and subject to reimbursement under PIP, despite the services being rendered by an LMT.
6. The Defendant previously agreed that the services provided on 12/20/16 by Dr. Victor Silva, M.D., in the amount of $250.00 should have been paid.
7. The Defendant acknowledges Plaintiff’s entitlement to attorney’s fees and costs for successful prosecution of this action pursuant to F.S. 57.104 & 627.428, subject to the outcome of the appeal.
ACCORDINGLY it is hereby ORDERED & ADJUDGED that Final Summary Judgment is HEREBY GRANTED in favor of Plaintiff in the amount of $7,800.00 in benefits and statutory interest in the amount of $989.50 for a total of $8,789.50, FOR WHICH SUM LET EXECUTION ISSUE FORTHWITH.
