The Second Judicial Circuit In and For Leon County Florida, has granted in part a motion for temporary injunction filed by my friend Luke Lirot, Esquire on behalf of chiropractors, massage therapists, and acupuncturists who filed a complaint for declaratory and injunctive relief.
The order grants a temporary injunction as to those sections of the new PIP law which require a finding of emergency medical condition as a prerequisite for payment of PIP benefits or that prohibit payment of benefits for services provided by acupuncturists, chiropractors, and massage therapists. The order was signed by circuit Judge Terry P. Lewis on March 15, 2013.
The current pip law requires people to have a diagnosis of an Emergency Medical Condition in order to obtain the full $10,000 in PIP benefits, and absent such an EMC diagnosis would have limited the benefits to $2,500.00, and would have excluded payment for massage or acupuncture.
The PIP bill remains in full force in all other respects and was not modified except as stated herein.
Here is the original pleading filed with the court that gave rise to the current ruling.