Opinion
Case No. 5D21-590
08-20-2021
AUTO INJURY SOLUTIONS, Petitioner, v. FLORIDA HOSPITAL MEDICAL CENTER as Assignee of Cindy Guajardo, Respondent.
Rebecca L. Delaney and Kimberly A. Sandefer, of Dutton Law Group, PA, Tampa, for Petitioner. Chad A. Barr and Virginia E. Davis Horton, of Chad Barr Law, Altamonte Springs, for Respondent.
Rebecca L. Delaney and Kimberly A. Sandefer, of Dutton Law Group, PA, Tampa, for Petitioner.
Chad A. Barr and Virginia E. Davis Horton, of Chad Barr Law, Altamonte Springs, for Respondent.
PER CURIAM.
In Depositors Insurance Co. v. Pasco-Pinellas Hillsborough Community Health System , 321 So.3d 925 (Fla. 5th DCA June 4, 2021), we recently concluded that when there has been no affirmative determination or diagnosis by either a physician, dentist, or an advanced registered nurse practitioner that the injured person at issue in the litigation suffered an "emergency medical condition" from a motor vehicle accident, personal injury protection ("PIP") benefits were limited to $2,500. Based on this decision, we grant the petition for writ of certiorari now before us and quash, in its entirety, the trial court's October 28, 2020 order that denied Petitioner's second amended objection and its motion for protective order regarding the taking of the deposition duces tecum of its corporate representative.
We note that under section 627.736(1)(a)3. and 4., Florida Statutes (2018), a physician's assistant is one of the providers who also may determine whether the injured person did or did not sustain an emergency medical condition. However, because the insurance policy in Depositors Insurance did not list a physician's assistant as one of the providers who could also make that determination, we did not include a physician's assistant in our conclusion there.
PETITION GRANTED; ORDER QUASHED.
LAMBERT, C.J., HARRIS and WOZNIAK, JJ., concur.