Attorney Charles W. Wojno obtained partial summary disposition for the payment of chiropractor prescribed MRI tests in a first party No-Fault benefit lawsuit because those expenses are not recoverable under the No-Fault Act.

For years the scope of chiropractic care in Michigan did not include prescribing MRI testing, but only x-rays. When the Michigan Board of Chiropractic eventually changed to scope of chiropractic care to arguably include the use of prescribing MRI tests, MCL 500.3107b(b) of the Michigan No-Fault Act was amended to not require the payment for a practice of chiropractic service, unless that service was included in the definition of practice of chiropractic under MCL 333.16401, as of January 1, 2009. A thorough and historical review of the scope of chiropractic practice under MCL 333.16401 shows that MRI testing was not included in the scope of chiropractic care as of January 1, 1990.

In this case, the Plaintiffs’ attorney referred them to a well-known chiropractor that routinely treats motor vehicle accident claimants. The chiropractor prescribed MRI tests for both Plaintiffs. A Motion for Partial Summary Disposition of the chiropractor prescribed MRI bills was filed since the scope of chiropractic care as of January 1, 1990 did not include the prescribing of MRI tests. The Court granted partial summary disposition and ruled that the MRI bills were not recoverable pursuant to MCL 500.3107b(b) of the No-Fault Act.

Although the dismissal of the payment of the MRI bills was only a partial dismissal, the significance of the ruling can be used by other No-Fault insurers in determining whether they are liable for the payment of chiropractor prescribed MRI tests under the No-Fault Act.

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