Michael Walsh, of the Ft. Lauderdale office, obtained a huge win for a PIP carrier at trial. The issue at hand involved a Plaintiff medical provider who has both a chiropractic license and a physician assistant license. According to the PIP statute, PA’s are paid at 85% of what a chiropractor gets paid for providing the same service. The Plaintiff alleged that he performed certain services as a PA and certain services as chiropractor, and that he should be reimbursed at the chiropractor rate (the higher rate) for those specific services even though the medical records and the bill only listed him as a PA. For the entirety of the trial Plaintiff’s counsel was literally trying to force a mistrial in hopes that dragging our client through the expense of another trial would get them to resolve it. Due to Mike’s timely objections on more than 3 occasions, Plaintiff’s counsel wasn’t even able to get out his full sentence when he tried to ask questions that were already ruled upon as being excluded.

The defense verdict had a large effect on a number of cases in Broward County that dealt with the same issue, and the carrier was thrilled with the result.