Volume 26

26 Fla. L. Weekly Supp. 230a

Online Reference: FLWSUPP 2603VAZQInsurance — Personal injury protection — Coverage — Medical expenses — Lawfully rendered services — Pursuant to section 486.161(1), licensed massage therapist was not required to be licensed as physical therapist or directly supervised by another licensed professional to lawfully render physical therapy that requires use of physical agents and is incidental to practice of massage therapy

26 Fla. L. Weekly Supp. 228a

Online Reference: FLWSUPP 2603GARCInsurance — Personal injury protection — Coverage — Medical expenses — Lawfully rendered services — Pursuant to section 486.161(1), licensed massage therapist was not required to be licensed as physical therapist or directly supervised by another licensed professional to lawfully render physical therapy that required use of physical agents and was incidental to practice of massage therapy

26 Fla. L. Weekly Supp. 58a

Online Reference: FLWSUPP 2601JEANInsurance — Personal injury protection — Coverage — Massage benefits — Licensed massage therapist services provided to a non-LMT owned and duly licensed healthcare clinic and provided under CPT codes other than CPT Code 97124 and are reimburseable

26 Fla. L. Weekly Supp. 857a

Online Reference: FLWSUPP 2610BLAIInsurance — Personal injury protection — Coverage — Medical expenses — Licensed massage therapist services provided on behalf of a non-LMT owned and duly licensed healthcare clinic are compensable and reimbursable as PIP benefits under section 627.736(1)(a)(5) — LMT may perform medical services under direction of a doctor or other medical provider and subsequently seek compensation on behalf of corporate business entity which employs LMT

26 Fla. L. Weekly Supp. 776a

Online Reference: FLWSUPP 2609MJEAInsurance — Personal injury protection — Coverage — Medical expenses — Services rendered by licensed massage therapists — Licensed massage therapist can perform non-massage medical services under direction of doctor or other medical provider and subsequently seek compensation on behalf of the corporate business entity that employees the LMT

26 Fla. L. Weekly Supp. 774a

Online Reference: FLWSUPP 2609TERMInsurance — Personal injury protection — Coverage — Medical expenses — Services rendered by licensed massage therapists — Licensed massage therapist can perform non-massage medical services under direction of doctor or other medical provider and subsequently seek compensation on behalf of the corporate business entity that employees the LMT

26 Fla. L. Weekly Supp. 530b

Online Reference: FLWSUPP 2606FLEUInsurance — Personal injury protection — Transportation costs — Transportation cost is a reimbursable medical benefit under PIP statute only where the transportation is incurred in connection with reasonable and necessary medical treatment — Where underlying treatment that formed basis of insured’s mileage claim was not lawfully rendered, transportation in connection with the treatment is not compensable or reimbursable — Treatment provided by provider that was not appropriately licensed under Health Care Clinic Act was not lawfully rendered — Although clinic may have an exempt status from licensure under subsection 400.9906(4)(g) for services other than PIP services, it must be licensed under Health Care Clinic Act in order to receive reimbursement under PIP statute unless it qualifies for one of six exceptions delineated in section 627.736(5)(h)(1)-(6) — Provider in instant case did not qualify as a clinic where it was not wholly owned by a licensed medical professional

26 Fla. L. Weekly Supp. 145b

Online Reference: FLWSUPP 2602JOSEInsurance — Personal injury protection — Motion to exclude/strike issues waived and/or not pled by plaintiff granted

26 Fla. L. Weekly Supp. 533a

Online Reference: FLWSUPP 2607PENKMunicipal corporations — Code enforcement — Due process — Notice — No merit to claim that city failed to give property owner proper notice of violation and hearings by sending notices to subject property that was vacant — Notices were sent to address listed in county property appraiser’s database, which was address of subject property, as required by section 162.12 — Contrary to owner’s argument, statute does not require that notices be sent return receipt requested — Argument that city is equitably estopped from enforcing building code on property because city implied that it would not pursue enforcement was not preserved for appellate review where issue was not raised below — Failure to check line next to option for daily fine in final order does not render order deficient where it is clear from order that fine of $150 is to run daily until compliance

26 Fla. L. Weekly Supp. 603a

Online Reference: FLWSUPP 2607DUCTInsurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Where insurer exhausted policy limits by gratuitously overpaying another medical provider for CPT code that was not reimbursable under Medicare Part B and should have been reimbursed at 80% of maximum allowance under workers’ compensation fee schedule, PIP benefits are not exhausted, and plaintiff provider is entitled to additional benefits