District Court of Appeal of Florida

Final order by an administrative law judge invalidating a portion of a state administrative rule determining that certain medical diagnostic tests are medically unnecessary for the treatment of an injured insured individual is affirmed where the judge properly determined that a portion of the rule was an invalid exercise of delegated legislative authority.

Appellate Information

• Decided 01/05/2006
• Published 01/06/2006

Judges

• ALLEN, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Cynthia S. Tunnicliff and Brian A. Newman of Pennington, Moore, Wilkinson, Bell & Dunbar, P.A., Tallahassee, for Appellants The Florida Insurance Council, Inc., The Property Casualty Insurers Association of America;  the American Insurance Association, The National Association of Mutual Insurance Companies, The Florida Automobile Joint Underwriting Association, State Farm Mutual Automobile Company, Allstate Insurance Company, Government Employees Insurance Company, The Florida Farm Bureau Insurance Companies, Liberty Mutual Insurance Group, First Floridian Auto and Home Insurance Company, and United Services Automobile Association.


• For Appellees:
  
• Donna Erlich and Lucy Schneider of Department of Health, Tallahassee, for Appellant/Cross-Appellee Department of Health., E. Gary Early of Messer, Caparello & Self, P.A., Tallahassee for Appellee/Cross-Appellant Richard W. Merritt, D.C.