FIRST DISTRICT COURT OF APPEALS HEARING FOR ORAL ARGUMENTS
SEPTEMBER 17th is the date when attorneys Luke Lirot and Adam Levine will present their oral arguments before the 1st District Court of Appeals in Tallahassee to fight for all Licensed Massage Therapist, Acupuncturist, Chiropractors, as well as Florida consumers.Â This is an extremely significant hearing which will ultimately impact every Floridian as a driver or passenger.
On March 15,2013, the attorneys representing the healthcare providers in the case obtained a Temporary Injunction against the Florida Office of Insurance Regulation (OIR), the effect of which was to prevent the exclusion of Licensed Massage Therapists and Acupuncture Physicians from being able to provide services and get compensated under PIP Insurance, and also making sure that medical services provided by LMTs, APs, and Chiropractors could be compensated for up toÂ the full $10,000 required by PIP, rather than being limited to $2,500, absent showing the undefined emergency medical condition.
After this incredible victory,Â the OIR filed an Appeal of the decision granting the Injunction. This resulted in an automatic stay, essentially trying to prevent the enforcement of the benefits of the injunction.Â The attorneys representing the healthcare providers filed a Motion to Lift the Stay, which was granted, and the OIR then sought to have the 1st District Court of Appeal reinstate the stay through the filing of a massive brief and appendix.
The attorneys representing the healthcare providers filed an equally massive and thoroughly researched opposition toÂ the OIRâ„¢s appellate motion, and they prevailed again. Thereafter, the appeal has been going full force.
State President Leiah Carr authorized the filing of an Amicus Brief on behalf of the Florida State Massage Therapy Association, which isÂ a document noted as meaningÂ a “Friend of the Court”, showing support for the case and offers information that bears on the case.Â Several other organizations followed such as the Florida Acupuncture Association, The Florida State Oriental Medical Association, The Florida Chiropractic Association of American and the Florida Justice Association.
We will continue to provide updates to the case as they develop.Â To donate to help pay for the attorneys fighting on behalf of all Florida LMT’s,Â and consumers simply click the link below to the Florida PIP Defense Fund: http://www.flpipdefensefund.com/
Each donationÂ no matter howÂ large or small is greatly appreciated by the legal team.