• Controversial spraying method aims to curb global warming

    First of all, "Global Warming" is bullshit!
    The same as "Climate Change" is

    These people ADMIT what is being done...
    They just don't use the term "chemtrails"

    They commit these #Crimes under the
    banner of "stratospheric aerosol injection" or (SAI)

    Regardless of what you call it, IT'S A CRIME AGAINST MANKIND!

    https://www.cbsnews.com/news/geoengineering-treatment-stratospheric-aerosol-injection-climate-change-study-today-2018-11-23/
    Controversial spraying method aims to curb global warming First of all, "Global Warming" is bullshit! The same as "Climate Change" is These people ADMIT what is being done... They just don't use the term "chemtrails" They commit these #Crimes under the banner of "stratospheric aerosol injection" or (SAI) Regardless of what you call it, IT'S A CRIME AGAINST MANKIND! https://www.cbsnews.com/news/geoengineering-treatment-stratospheric-aerosol-injection-climate-change-study-today-2018-11-23/
    WWW.CBSNEWS.COM
    Controversial spraying method aims to curb global warming
    Planes spraying tiny sulphate particulates into the lower stratosphere could help shield Earth from just enough sunlight to help keep temperatures low
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  • FOR ALL THE PEOPLE FEMA REFUSES TO HELP BECAUSE THEY HAVE REDESIGNED THE FLOOD PLAIN. WELL THEN EVERYTIME THERE IS A HURRICANE AND WATERS COME UP, ALL OF THESE BEACH FRONT PRIOERTIES NEED THE SAME TREATMENT. EVERY SINGLE COAST.
    WE ALL KNOW HOW THESE PEOPLE VOTE. LET THEM TASTE DESTRUCTION WITH NO HELP.
    FOR ALL THE PEOPLE FEMA REFUSES TO HELP BECAUSE THEY HAVE REDESIGNED THE FLOOD PLAIN. WELL THEN EVERYTIME THERE IS A HURRICANE AND WATERS COME UP, ALL OF THESE BEACH FRONT PRIOERTIES NEED THE SAME TREATMENT. EVERY SINGLE COAST. WE ALL KNOW HOW THESE PEOPLE VOTE. LET THEM TASTE DESTRUCTION WITH NO HELP.
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  • A friend of mine recently told me his wife is suffering from "congenital ovarian cysts."

    According to Dr. Eric Berg the cause isn't a congenital condition, it is caused by a trace mineral deficiency; particularly a deficiency in iodine. I am 99.99% sure this is the cure his wife desperately needs, so I emailed him this information.

    When I was in my early 20's I had a cyst on my left forearm that concerned me. I went to my Primary Care physician and he told me it was most likely a benign lipoma, or fatty cyst, but he removed it and did a biopsy to be sure. As it turned out, that is exactly what it was. Over the years I developed numerous similar cysts all over my body, and the doctor told me that unless they interfere with muscular movement, not to worry about them. I have one on my left thigh that is now about half the size it used to be a mere 2 months ago. It is barely noticeable. So what did I do that changed it?

    I've been following Dr. Eric Berg on YouTube and Rumble and he had a video about Iodine Deficiency. Many of the things that ail us now are due to the deficiency of trace elements that are not in our diets, NOT heredity; and he recommended a dosage of 25,000mcg of Iodine. That is the only thing I have changed in my diet over the past 2 months and now the cyst is less than half the size it was 2 months ago. It is barely noticeable. Also FYI Iodized salt does NOT have enough iodine in it to make a significant difference.

    Ovarian Cysts: Causes, Symptoms & Natural Treatment – Dr.Berg
    https://rumble.com/v3l8gvd-ovarian-cysts-causes-symptoms-and-natural-treatment-dr.berg.html

    The Signs Your Body Is Desperate for Trace Minerals
    https://rumble.com/v3iftdg-the-signs-your-body-is-desperate-for-trace-minerals.html

    2 month supply Iodine
    Terry Naturally Tri-Iodine 25 mg - 25000 mcg Iodine, 60 Vegan Capsules - Supports Hormone Balance, Promotes Breast & Prostate Health - Non-GMO, Gluten-Free, Kosher - 60 Servings $36.76
    https://a.co/d/bBZbMqM
    A friend of mine recently told me his wife is suffering from "congenital ovarian cysts." According to Dr. Eric Berg the cause isn't a congenital condition, it is caused by a trace mineral deficiency; particularly a deficiency in iodine. I am 99.99% sure this is the cure his wife desperately needs, so I emailed him this information. When I was in my early 20's I had a cyst on my left forearm that concerned me. I went to my Primary Care physician and he told me it was most likely a benign lipoma, or fatty cyst, but he removed it and did a biopsy to be sure. As it turned out, that is exactly what it was. Over the years I developed numerous similar cysts all over my body, and the doctor told me that unless they interfere with muscular movement, not to worry about them. I have one on my left thigh that is now about half the size it used to be a mere 2 months ago. It is barely noticeable. So what did I do that changed it? I've been following Dr. Eric Berg on YouTube and Rumble and he had a video about Iodine Deficiency. Many of the things that ail us now are due to the deficiency of trace elements that are not in our diets, NOT heredity; and he recommended a dosage of 25,000mcg of Iodine. That is the only thing I have changed in my diet over the past 2 months and now the cyst is less than half the size it was 2 months ago. It is barely noticeable. Also FYI Iodized salt does NOT have enough iodine in it to make a significant difference. Ovarian Cysts: Causes, Symptoms & Natural Treatment – Dr.Berg https://rumble.com/v3l8gvd-ovarian-cysts-causes-symptoms-and-natural-treatment-dr.berg.html The Signs Your Body Is Desperate for Trace Minerals https://rumble.com/v3iftdg-the-signs-your-body-is-desperate-for-trace-minerals.html 2 month supply Iodine Terry Naturally Tri-Iodine 25 mg - 25000 mcg Iodine, 60 Vegan Capsules - Supports Hormone Balance, Promotes Breast & Prostate Health - Non-GMO, Gluten-Free, Kosher - 60 Servings $36.76 https://a.co/d/bBZbMqM
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  • The Dangers of Raw Milk: What the FDA Won't tell you
    Years before refrigeration was widely available, dairy farmers knew the solution: place a silver dollar in the bottom of your milk pitcher. Silver kills bacteria and viruses within seconds of contact. My own grandmother used this when I was a child and we never got sick from drinking raw milk.

    Milk as Medicine
    Since ancient times, physicians like Hippocrates, Galen, Pliny and Varro have used raw milk to cure a wide range of diseases. Hippocrates advised tuberculosis sufferers to drink raw milk in quantity. In the Ayurvedic medicine of India, milk is used in the practice of brimhana meaning to “buck up” or nourish the body. It’s also used in rasayana to rejuvenate the body and in vajikarana, to promote sexual function and fertility. Physicians prescribed raw milk as a gentle laxative, to cool inflammation of ulcerated tissues, and as a galactagogue to increase milk production for the nursing mother. In the U.S., raw milk was used for one hundred fifty years to treat a wide range of conditions and is still used today in some hospitals in European and other countries.

    In an 1884 paper read before a meeting of the American Medical Association, Dr. James Tyson provided a short history of the milk cure in Europe. Dr. Inozemtseff of Moscow wrote a book called Milk Cure in 1857, in which he describes the treatment of a thousand cases. In 1864, Dr. Philip Karell read a paper on the milk cure before the medical society of St. Petersburgh. Said Karell: “With regard to my own practice I have, after fruitlessly trying all sorts of remedies in many chronic and obstinate diseases, at last succeeded in bringing the elementary [alimentary] canal, that seat of so many diseases, under my control. I did this by administering milk according to a new method.” In treating digestive disease, liver problems, asthma and other lung disorders, nervous diseases he concluded,"... in all these cases I consider milk as the best and surest of remedies.” Physicians had similar success in Germany and France.

    Silas Weir Mitchell, MD, specialist in treating nervous disorders during and after the Civil War, advocated a treatment that consisted primarily in isolation, confinement to bed, dieting, electrotherapy and massage--popularly known as “Dr Diet and Dr Quiet.” Mitchell advocated a high-fat diet to his patients, mostly women, and large quantities of milk. He suggested that his patients consume two quarts or more of milk a day.
    https://www.realmilk.com/milk-as-medicine/

    Silver is a well-documented antimicrobial
    Silver is a well-documented antimicrobial, that has been shown to kill bacteria, fungi and certain viruses. It is the positively charged silver ions (Ag+) that possess the antimicrobial effect21, 22. Silver ions target microorganisms through several different modes of action.
    https://www.coloplast.com/products/wound/articles/silver-a-powerful-weapon-against-microbes/

    Colloidal Silver: Where to Buy it
    https://bio-alternatives.net/buysilver.htm
    The Dangers of Raw Milk: What the FDA Won't tell you Years before refrigeration was widely available, dairy farmers knew the solution: place a silver dollar in the bottom of your milk pitcher. Silver kills bacteria and viruses within seconds of contact. My own grandmother used this when I was a child and we never got sick from drinking raw milk. Milk as Medicine Since ancient times, physicians like Hippocrates, Galen, Pliny and Varro have used raw milk to cure a wide range of diseases. Hippocrates advised tuberculosis sufferers to drink raw milk in quantity. In the Ayurvedic medicine of India, milk is used in the practice of brimhana meaning to “buck up” or nourish the body. It’s also used in rasayana to rejuvenate the body and in vajikarana, to promote sexual function and fertility. Physicians prescribed raw milk as a gentle laxative, to cool inflammation of ulcerated tissues, and as a galactagogue to increase milk production for the nursing mother. In the U.S., raw milk was used for one hundred fifty years to treat a wide range of conditions and is still used today in some hospitals in European and other countries. In an 1884 paper read before a meeting of the American Medical Association, Dr. James Tyson provided a short history of the milk cure in Europe. Dr. Inozemtseff of Moscow wrote a book called Milk Cure in 1857, in which he describes the treatment of a thousand cases. In 1864, Dr. Philip Karell read a paper on the milk cure before the medical society of St. Petersburgh. Said Karell: “With regard to my own practice I have, after fruitlessly trying all sorts of remedies in many chronic and obstinate diseases, at last succeeded in bringing the elementary [alimentary] canal, that seat of so many diseases, under my control. I did this by administering milk according to a new method.” In treating digestive disease, liver problems, asthma and other lung disorders, nervous diseases he concluded,"... in all these cases I consider milk as the best and surest of remedies.” Physicians had similar success in Germany and France. Silas Weir Mitchell, MD, specialist in treating nervous disorders during and after the Civil War, advocated a treatment that consisted primarily in isolation, confinement to bed, dieting, electrotherapy and massage--popularly known as “Dr Diet and Dr Quiet.” Mitchell advocated a high-fat diet to his patients, mostly women, and large quantities of milk. He suggested that his patients consume two quarts or more of milk a day. https://www.realmilk.com/milk-as-medicine/ Silver is a well-documented antimicrobial Silver is a well-documented antimicrobial, that has been shown to kill bacteria, fungi and certain viruses. It is the positively charged silver ions (Ag+) that possess the antimicrobial effect21, 22. Silver ions target microorganisms through several different modes of action. https://www.coloplast.com/products/wound/articles/silver-a-powerful-weapon-against-microbes/ Colloidal Silver: Where to Buy it https://bio-alternatives.net/buysilver.htm
    0 Comments 0 Shares 1K Views
  • The Dangers of Raw Milk: What the FDA Won't tell you
    Years before refrigeration was widely available, dairy farmers knew the solution: place a silver dollar in the bottom of your milk pitcher. Silver kills bacteria and viruses within seconds of contact. My own grandmother used this when I was a child and we never got sick from drinking raw milk.

    Milk as Medicine
    Since ancient times, physicians like Hippocrates, Galen, Pliny and Varro have used raw milk to cure a wide range of diseases. Hippocrates advised tuberculosis sufferers to drink raw milk in quantity. In the Ayurvedic medicine of India, milk is used in the practice of brimhana meaning to “buck up” or nourish the body. It’s also used in rasayana to rejuvenate the body and in vajikarana, to promote sexual function and fertility. Physicians prescribed raw milk as a gentle laxative, to cool inflammation of ulcerated tissues, and as a galactagogue to increase milk production for the nursing mother. In the U.S., raw milk was used for one hundred fifty years to treat a wide range of conditions and is still used today in some hospitals in European and other countries.

    In an 1884 paper read before a meeting of the American Medical Association, Dr. James Tyson provided a short history of the milk cure in Europe. Dr. Inozemtseff of Moscow wrote a book called Milk Cure in 1857, in which he describes the treatment of a thousand cases. In 1864, Dr. Philip Karell read a paper on the milk cure before the medical society of St. Petersburgh. Said Karell: “With regard to my own practice I have, after fruitlessly trying all sorts of remedies in many chronic and obstinate diseases, at last succeeded in bringing the elementary [alimentary] canal, that seat of so many diseases, under my control. I did this by administering milk according to a new method.” In treating digestive disease, liver problems, asthma and other lung disorders, nervous diseases he concluded,"... in all these cases I consider milk as the best and surest of remedies.” Physicians had similar success in Germany and France.

    Silas Weir Mitchell, MD, specialist in treating nervous disorders during and after the Civil War, advocated a treatment that consisted primarily in isolation, confinement to bed, dieting, electrotherapy and massage--popularly known as “Dr Diet and Dr Quiet.” Mitchell advocated a high-fat diet to his patients, mostly women, and large quantities of milk. He suggested that his patients consume two quarts or more of milk a day.
    https://www.realmilk.com/milk-as-medicine/

    Silver is a well-documented antimicrobial
    Silver is a well-documented antimicrobial, that has been shown to kill bacteria, fungi and certain viruses. It is the positively charged silver ions (Ag+) that possess the antimicrobial effect21, 22. Silver ions target microorganisms through several different modes of action.
    https://www.coloplast.com/products/wound/articles/silver-a-powerful-weapon-against-microbes/

    Colloidal Silver: Where to Buy it
    https://bio-alternatives.net/buysilver.htm
    The Dangers of Raw Milk: What the FDA Won't tell you Years before refrigeration was widely available, dairy farmers knew the solution: place a silver dollar in the bottom of your milk pitcher. Silver kills bacteria and viruses within seconds of contact. My own grandmother used this when I was a child and we never got sick from drinking raw milk. Milk as Medicine Since ancient times, physicians like Hippocrates, Galen, Pliny and Varro have used raw milk to cure a wide range of diseases. Hippocrates advised tuberculosis sufferers to drink raw milk in quantity. In the Ayurvedic medicine of India, milk is used in the practice of brimhana meaning to “buck up” or nourish the body. It’s also used in rasayana to rejuvenate the body and in vajikarana, to promote sexual function and fertility. Physicians prescribed raw milk as a gentle laxative, to cool inflammation of ulcerated tissues, and as a galactagogue to increase milk production for the nursing mother. In the U.S., raw milk was used for one hundred fifty years to treat a wide range of conditions and is still used today in some hospitals in European and other countries. In an 1884 paper read before a meeting of the American Medical Association, Dr. James Tyson provided a short history of the milk cure in Europe. Dr. Inozemtseff of Moscow wrote a book called Milk Cure in 1857, in which he describes the treatment of a thousand cases. In 1864, Dr. Philip Karell read a paper on the milk cure before the medical society of St. Petersburgh. Said Karell: “With regard to my own practice I have, after fruitlessly trying all sorts of remedies in many chronic and obstinate diseases, at last succeeded in bringing the elementary [alimentary] canal, that seat of so many diseases, under my control. I did this by administering milk according to a new method.” In treating digestive disease, liver problems, asthma and other lung disorders, nervous diseases he concluded,"... in all these cases I consider milk as the best and surest of remedies.” Physicians had similar success in Germany and France. Silas Weir Mitchell, MD, specialist in treating nervous disorders during and after the Civil War, advocated a treatment that consisted primarily in isolation, confinement to bed, dieting, electrotherapy and massage--popularly known as “Dr Diet and Dr Quiet.” Mitchell advocated a high-fat diet to his patients, mostly women, and large quantities of milk. He suggested that his patients consume two quarts or more of milk a day. https://www.realmilk.com/milk-as-medicine/ Silver is a well-documented antimicrobial Silver is a well-documented antimicrobial, that has been shown to kill bacteria, fungi and certain viruses. It is the positively charged silver ions (Ag+) that possess the antimicrobial effect21, 22. Silver ions target microorganisms through several different modes of action. https://www.coloplast.com/products/wound/articles/silver-a-powerful-weapon-against-microbes/ Colloidal Silver: Where to Buy it https://bio-alternatives.net/buysilver.htm
    0 Comments 0 Shares 1K Views
  • VIDEO - IT WAS ALL ABOUT CONTROL AND DEPOPULATION, THE FEDERAL GOVERNMENT BLOCKED AND FORBADE ANY PROVEN CHEAP MEDICATION EFFECTIVE FOR THE TREATMENT OF "COVID" (CLICK ON THE LINK, NOT ON THE PHOTO)-----> https://wimkin.com/video/play/437701
    VIDEO - IT WAS ALL ABOUT CONTROL AND DEPOPULATION, THE FEDERAL GOVERNMENT BLOCKED AND FORBADE ANY PROVEN CHEAP MEDICATION EFFECTIVE FOR THE TREATMENT OF "COVID" (CLICK ON THE LINK, NOT ON THE PHOTO)-----> https://wimkin.com/video/play/437701
    0 Comments 1 Shares 399 Views
  • It's time to confront the stark reality - the treatment of our nation's veterans who participated in the January 6 Capitol protests is nothing short of an outrage. Here's why Matt Gaetz stands out as the ideal candidate for Attorney General:
    Gaetz has been unapologetically vocal in his support for these veterans, who, after serving our country, find themselves under the harsh scrutiny of the law for what he believes was an exercise of their Constitutional rights.
    It's time to confront the stark reality - the treatment of our nation's veterans who participated in the January 6 Capitol protests is nothing short of an outrage. Here's why Matt Gaetz stands out as the ideal candidate for Attorney General: Gaetz has been unapologetically vocal in his support for these veterans, who, after serving our country, find themselves under the harsh scrutiny of the law for what he believes was an exercise of their Constitutional rights.
    Like
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  • Zalma’s Insurance Fraud Letter September 15, 2024

    Zalma’s Insurance Fraud Letter

    A ClaimSchool™ Publication © 2024 Barry Zalma & ClaimSchool, Inc.

    Read the full issue at https://www.linkedin.com/pulse/zalmas-insurance-fraud-letter-november-15-2024-barry-zalma-esq-cfe-cxkycVolume 28, Issue 21 – November 15, 2024

    “Honor, justice, and humanity, forbid us tamely to surrender that freedom which we received from our gallant ancestors, and which our innocent posterity have a right to receive from us. We cannot endure the infamy and guilt of resigning succeeding generations to that wretchedness which inevitably awaits them if we basely entail hereditary bondage on them.”

    Thomas Jefferson

    Insurance Fraud Requires Doctor to Lose his License

    Sexual Misconduct, Fraud, Bribery & Unnecessary Surgery Revokes License

    Louis Quartararo appealed from an August 22, 2022 final agency decision of the State Board of Medical Examiners (Board), revoking his license to practice medicine and surgery in New Jersey. The Superior Court of New Jersey, in In The Matter Of The Suspension Or Revocation Of The License Of Louis Quartararo, M.D. License No. 25MA07137700 To Practice Medicine And Surgery In The State Of New Jersey, No. A-0425-22, Superior Court of New Jersey, Appellate Division (October 31, 2024) affirmed the revocation.

    The Board charged Dr. Quartararo with engaging in sexual contact with patients; negligent acts by performing surgeries with co-surgeons who lacked the requisite privileges; and acts of fraud, deception and misrepresentation by miscoding procedures on patient operative reports and listing procedures in the reports he had not performed for the purpose of ensuring insurance coverage.

    FACTS

    Quartararo was a physician and Board-certified orthopedic surgeon licensed to practice medicine in New Jersey.

    Approximately one week before K.D. was scheduled to meet with Board investigators, Quartararo gave K.D. $20,916, which K.D. told an investigator was “for school.” Later, Quartararo’s attorney offered her more money to retract the statement she had made to the Board about her relationship with Quartararo.

    THE OAL HEARING

    At a formal hearing, the Board’s expert, Dr. Ashraf addressed Quartararo’s treatment of patient Y.O. revealed that the surgical procedures Quartararo performed were not medically necessary. In reviewing the description of Quartararo’s procedure on Y.O.’s spine, Dr. Ashraf concluded that Quartararo’s surgery on Y.O.’s completely normal spine “is gross negligence.”

    Regarding the fraud claims alleging that Quartararo had failed to properly code surgical procedures that he performed on E.S., D.C., Y.O., L.V., D.E., and V.C., Dr. Ashraf testified that the “whole function” of the “operations” section on the first page of the operative report was to list the procedures that were performed during the operation and he testified that, despite “laminotomy” appearing on the first page of V.C.’s and D.C.’s reports, their post-surgery MRIs revealed that laminotomies had not been performed.

    THE ALJ’S DECISION

    The Administrative Law Judge (ALJ) issued a comprehensive seventy-nine-page decision and concluded that Quartararo had “engaged in gross malpractice, professional misconduct, failure to comply with regulations administered by the Board, and failure to be of good moral character.”

    On August 22, 2022, the Board filed its final decision, revoking Quartararo’s license for a minimum of seven years from the date of voluntary surrender, April 5, 2019. The Board concluded that Quartararo’s “misconduct warrants a serious penalty in excess of that recommended by [the ALJ]” and that he “flagrantly ignored, and in fact shattered professional norms when he engaged in sexual misconduct with patients Y.R. and K.D.” The Board found Quartararo’s conduct was “so egregious that the only appropriate discipline is a license revocation.”

    The Board also imposed an aggregate monetary sanction of $343,909.75, comprised of a civil penalty of $90,000, $61,684.75 in costs, and $192,225 in attorney’s fees.

    Quartararo Argued

    The Board determined that revocation was warranted because he preyed on two vulnerable patients employed intimidation and coercion tactics to dissuade at least one of his victims-K.D.- from testifying about the true nature of their relation and resorted to making threats resulting in the issuance of a temporary restraining order against him.

    Quartararo admitted he had not performed laminotomies and that he had used the laminotomy code to ensure that he would be paid by insurance carriers. He did so rather than correctly coding the procedures he actually performed because of the risk he would otherwise not be paid.

    ZIFL OPINION

    Quartararo admitted before the ALJ that he committed fraud by billing insurers for laminotomies that he did not perform. As such he admitted to committing a federal as well as a New Jersey felony that should be presented to the US Attorney and the local District Attorney for prosecution. He lost his license because he took advantage sexually of vulnerable patients, committed gross acts of malpractice and profited from knowing insurance fraud. The people of New Jersey are now safe from his criminal and unprofessional conduct for a few more years, and in my opinion he should be prosecuted and sentenced to prison for the fraud.

    Read the full issue at https://www.linkedin.com/pulse/zalmas-insurance-fraud-letter-november-15-2024-barry-zalma-esq-cfe-cxkyc

    IT PAYS INSURER DEFENDANTS TO INVESTIGATE INJURY CLAIMS

    In Chris Kallco v. Melissa Lynn Pugh, Chris Kallco, and Precise Mri Of Michigan, LLC v. Citizens Insurance Company Of The Midwest and Melissa Lynn Pugh, No. 368156, Court of Appeals of Michigan (October 30, 2024) affirmed the trial court’s decision.

    Plaintiff appealed from two orders granting summary disposition in favor of defendants even though he failed to respond to either motion.

    FACTUAL BACKGROUND

    This case arises out of a motor vehicle accident that occurred on March 9, 2020 involving plaintiff and Pugh. Plaintiff alleges that he sustained injuries from the accident. A year after the accident, plaintiff brought a negligence claim against Pugh, alleging that, because of Pugh’s negligence, plaintiff sustained “severe permanent and progressive personal injuries and serious impairment of a body function, including but not necessarily limited to: Head, Neck, Back, Shoulders ….” Plaintiff also brought a claim against Citizens for PIP benefits, including medical expenses, work loss, and replacement services.

    Pugh and Citizens moved for summary disposition arguing that plaintiff could not meet his burden of showing that he sustained a threshold injury under the no-fault act and, therefore, he could not maintain his negligence claim against her. Pugh submitted the deposition testimony of the plaintiff and the report of an independent medical examination (IME) conducted by Dr. James Bragman on December 27, 2021. Dr. Bragman further observed that plaintiff had “near full range of motion” in his neck and that he was “eminently capable” of standing and touching his toes despite his refusal to do so. Dr. Bragman noted that plaintiff had “very little” medical treatment documented in his records and that he had been undergoing physical therapy for six months with no medical basis for doing so. An investigator’s report includes pictures of plaintiff walking, riding a child’s bicycle, squatting, bending over, lifting a bicycle out of a minivan unassisted, playing with a dog, driving a car, and twisting his neck.

    Citizens’ motion argued that plaintiff made material misrepresentations to Citizens regarding the extent of his injuries, which rendered him ineligible for benefits.

    The trial court found that, based upon the evidence presented, plaintiff failed to establish that he sustained a serious impairment of body function and therefore summary disposition in favor of Pugh was appropriate.

    THRESHOLD INJURY

    Plaintiff argued that the trial court erred by granting summary disposition in favor of Pugh.

    Under the no fault statute, the threshold question of whether the person has suffered a serious impairment of body function should be determined by the court as a matter of law as long as there is no factual dispute regarding the nature and extent of the person’s injuries that is material to determining whether the threshold standards are met.

    Plaintiff was obligated to respond to Pugh’s motion in order to meet his burden of demonstrating that a fact question existed as to whether he suffered a serious impairment of body function.

    The parts of plaintiff’s deposition identified by Pugh do not establish a genuine issue of material fact as to whether he suffered a serious impairment of body function. The relevant portions of plaintiff’s deposition testimony fail to rebut the evidence and instead set forth, at best, mere subjective complaints of pain.

    FRAUDULENT INSURANCE ACT

    The fraud statute finds that a person who presents or causes or to be presented an oral or written statement knowing that the statement contains false information concerning a fact or thing material to the claim commits a fraudulent insurance act under that is subject to the penalties imposed under the statute. A claim that contains or is supported by a fraudulent insurance act as described in this subsection is ineligible for payment of PIP benefits.

    An individual commits a “fraudulent insurance act” when: (1) the person presents or causes to be presented an oral or written statement, (2) the statement is part of or in support of a claim for no-fault benefits, and (3) the claim for benefits was submitted to the MAIPF. Further, (4) the person must have known that the statement contained false information, and (5) the statement concerned a fact or thing material to the claim.

    ZIFL OPINION

    The evidence presented by the defendants were damning since they established the injuries claimed were false. Plaintiff failed to respond to the motions to his detriment and sought reconsideration without any admissible evidence that he was truly injured. The defendants established that the Plaintiff committed fraud and he is lucky that this was a civil finding not a criminal proceeding that, in my opinion, should be presented by the prosecutor.

    More McClenny Moseley & Associates Issues

    This is ZIFL’s thirty seventh installment of the saga of McClenny, Moseley & Associates and its problems with the federal courts in the State of Louisiana and what appears to be an effort to profit from what some Magistrate and District judges may be criminal conduct to profit from insurance claims relating to hurricane damage to the public of the state of Louisiana.

    Health Insurance Fraud Convictions
    Pharmacist and Brother Convicted of $15M Medicare, Medicaid, and Private Insurer Fraud Scheme

    Raad Kouza, a pharmacist in Wayne County, Michigan, and his brother, Ramis Kouza, of Oakland County, Michigan, billed Medicare, Medicaid, and Blue Cross Blue Shield of Michigan for prescription medications that they did not dispense at pharmacies they owned or operated in Michigan. A federal jury convicted the pharmacy owner and his brother November 8, 2024 for conspiracy to commit health care fraud and wire fraud.

    Read the full article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2024/11/ZIFL-11-15-2024-1.pdf

    Indicators of Bad Faith Set Up

    Some of the more common red flags of a bad faith set-up include the following:

    The claimant makes a policy limits settlement demand quickly after an accident, thereby depriving the insurer of the ability to conduct a full investigation.
    Quick demands that are combined with a limited amount of time to accept, again, in the hopes that records cannot be obtained and the investigation cannot be completed within that limited time period, and the settlement will be refused.
    The claimant makes a settlement offer with one or more unusual acceptance conditions.
    The involvement of the claimant’s counsel pre-dates certain medical or psychiatric care (e.g., testing and treatment for alleged mild traumatic brain injury)

    Read the full article and the full issue of ZIFL at http://https//zalma.com/blog/wp-content/uploads/2024/11/ZIFL-11-15-2024.pdf

    Convictions of Other Than Health Insurance Fraud
    Star in Reality TV Series Pleads Guilty Crop Insurance Fraud

    Steve A. McBee, 52, waived his right to a grand jury and pleaded guilty to a federal information that charges him with one count of federal crop insurance fraud. McBee, a Missouri farmer who appears in a reality TV show about his family’s farming operation pleaded guilty this week to a multi-million dollar fraud scheme involving federal crop insurance benefits.

    Read the full article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2024/11/ZIFL-11-15-2024-1.pdf

    Chutzpah – STOLI Fraudster Claims Hardship
    Felon Seeks Release from Home Confinement in Luxury Apartment in New York City

    Insurance Fraud is a serious crime, especially when it takes advantage of the elderly to defraud insurers in a Stranger Originated Life Insurance (STOLI) scheme. In United States Of America v. Michael Binday, No. 12 CR 152 (CM), United States District Court, S.D. New York (November 4, 2024) the defendant continued to use the wealth he gained from his fraud to impose on the courts of the United States with frivolous and unfounded motions.

    Read the full article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2024/11/ZIFL-11-15-2024-1.pdf

    Barry Zalma, Esq., CFE

    Barry Zalma, Inc., 4441 Sepulveda Boulevard, CULVER CITY CA 90230-4847, 310-390-4455. Subscribe to Excellence in Claims Handling at https://barryzalma.substack.com/welcome.
    Zalma’s Insurance Fraud Letter September 15, 2024 Zalma’s Insurance Fraud Letter A ClaimSchool™ Publication © 2024 Barry Zalma & ClaimSchool, Inc. Read the full issue at https://www.linkedin.com/pulse/zalmas-insurance-fraud-letter-november-15-2024-barry-zalma-esq-cfe-cxkycVolume 28, Issue 21 – November 15, 2024 “Honor, justice, and humanity, forbid us tamely to surrender that freedom which we received from our gallant ancestors, and which our innocent posterity have a right to receive from us. We cannot endure the infamy and guilt of resigning succeeding generations to that wretchedness which inevitably awaits them if we basely entail hereditary bondage on them.” Thomas Jefferson Insurance Fraud Requires Doctor to Lose his License Sexual Misconduct, Fraud, Bribery & Unnecessary Surgery Revokes License Louis Quartararo appealed from an August 22, 2022 final agency decision of the State Board of Medical Examiners (Board), revoking his license to practice medicine and surgery in New Jersey. The Superior Court of New Jersey, in In The Matter Of The Suspension Or Revocation Of The License Of Louis Quartararo, M.D. License No. 25MA07137700 To Practice Medicine And Surgery In The State Of New Jersey, No. A-0425-22, Superior Court of New Jersey, Appellate Division (October 31, 2024) affirmed the revocation. The Board charged Dr. Quartararo with engaging in sexual contact with patients; negligent acts by performing surgeries with co-surgeons who lacked the requisite privileges; and acts of fraud, deception and misrepresentation by miscoding procedures on patient operative reports and listing procedures in the reports he had not performed for the purpose of ensuring insurance coverage. FACTS Quartararo was a physician and Board-certified orthopedic surgeon licensed to practice medicine in New Jersey. Approximately one week before K.D. was scheduled to meet with Board investigators, Quartararo gave K.D. $20,916, which K.D. told an investigator was “for school.” Later, Quartararo’s attorney offered her more money to retract the statement she had made to the Board about her relationship with Quartararo. THE OAL HEARING At a formal hearing, the Board’s expert, Dr. Ashraf addressed Quartararo’s treatment of patient Y.O. revealed that the surgical procedures Quartararo performed were not medically necessary. In reviewing the description of Quartararo’s procedure on Y.O.’s spine, Dr. Ashraf concluded that Quartararo’s surgery on Y.O.’s completely normal spine “is gross negligence.” Regarding the fraud claims alleging that Quartararo had failed to properly code surgical procedures that he performed on E.S., D.C., Y.O., L.V., D.E., and V.C., Dr. Ashraf testified that the “whole function” of the “operations” section on the first page of the operative report was to list the procedures that were performed during the operation and he testified that, despite “laminotomy” appearing on the first page of V.C.’s and D.C.’s reports, their post-surgery MRIs revealed that laminotomies had not been performed. THE ALJ’S DECISION The Administrative Law Judge (ALJ) issued a comprehensive seventy-nine-page decision and concluded that Quartararo had “engaged in gross malpractice, professional misconduct, failure to comply with regulations administered by the Board, and failure to be of good moral character.” On August 22, 2022, the Board filed its final decision, revoking Quartararo’s license for a minimum of seven years from the date of voluntary surrender, April 5, 2019. The Board concluded that Quartararo’s “misconduct warrants a serious penalty in excess of that recommended by [the ALJ]” and that he “flagrantly ignored, and in fact shattered professional norms when he engaged in sexual misconduct with patients Y.R. and K.D.” The Board found Quartararo’s conduct was “so egregious that the only appropriate discipline is a license revocation.” The Board also imposed an aggregate monetary sanction of $343,909.75, comprised of a civil penalty of $90,000, $61,684.75 in costs, and $192,225 in attorney’s fees. Quartararo Argued The Board determined that revocation was warranted because he preyed on two vulnerable patients employed intimidation and coercion tactics to dissuade at least one of his victims-K.D.- from testifying about the true nature of their relation and resorted to making threats resulting in the issuance of a temporary restraining order against him. Quartararo admitted he had not performed laminotomies and that he had used the laminotomy code to ensure that he would be paid by insurance carriers. He did so rather than correctly coding the procedures he actually performed because of the risk he would otherwise not be paid. ZIFL OPINION Quartararo admitted before the ALJ that he committed fraud by billing insurers for laminotomies that he did not perform. As such he admitted to committing a federal as well as a New Jersey felony that should be presented to the US Attorney and the local District Attorney for prosecution. He lost his license because he took advantage sexually of vulnerable patients, committed gross acts of malpractice and profited from knowing insurance fraud. The people of New Jersey are now safe from his criminal and unprofessional conduct for a few more years, and in my opinion he should be prosecuted and sentenced to prison for the fraud. Read the full issue at https://www.linkedin.com/pulse/zalmas-insurance-fraud-letter-november-15-2024-barry-zalma-esq-cfe-cxkyc IT PAYS INSURER DEFENDANTS TO INVESTIGATE INJURY CLAIMS In Chris Kallco v. Melissa Lynn Pugh, Chris Kallco, and Precise Mri Of Michigan, LLC v. Citizens Insurance Company Of The Midwest and Melissa Lynn Pugh, No. 368156, Court of Appeals of Michigan (October 30, 2024) affirmed the trial court’s decision. Plaintiff appealed from two orders granting summary disposition in favor of defendants even though he failed to respond to either motion. FACTUAL BACKGROUND This case arises out of a motor vehicle accident that occurred on March 9, 2020 involving plaintiff and Pugh. Plaintiff alleges that he sustained injuries from the accident. A year after the accident, plaintiff brought a negligence claim against Pugh, alleging that, because of Pugh’s negligence, plaintiff sustained “severe permanent and progressive personal injuries and serious impairment of a body function, including but not necessarily limited to: Head, Neck, Back, Shoulders ….” Plaintiff also brought a claim against Citizens for PIP benefits, including medical expenses, work loss, and replacement services. Pugh and Citizens moved for summary disposition arguing that plaintiff could not meet his burden of showing that he sustained a threshold injury under the no-fault act and, therefore, he could not maintain his negligence claim against her. Pugh submitted the deposition testimony of the plaintiff and the report of an independent medical examination (IME) conducted by Dr. James Bragman on December 27, 2021. Dr. Bragman further observed that plaintiff had “near full range of motion” in his neck and that he was “eminently capable” of standing and touching his toes despite his refusal to do so. Dr. Bragman noted that plaintiff had “very little” medical treatment documented in his records and that he had been undergoing physical therapy for six months with no medical basis for doing so. An investigator’s report includes pictures of plaintiff walking, riding a child’s bicycle, squatting, bending over, lifting a bicycle out of a minivan unassisted, playing with a dog, driving a car, and twisting his neck. Citizens’ motion argued that plaintiff made material misrepresentations to Citizens regarding the extent of his injuries, which rendered him ineligible for benefits. The trial court found that, based upon the evidence presented, plaintiff failed to establish that he sustained a serious impairment of body function and therefore summary disposition in favor of Pugh was appropriate. THRESHOLD INJURY Plaintiff argued that the trial court erred by granting summary disposition in favor of Pugh. Under the no fault statute, the threshold question of whether the person has suffered a serious impairment of body function should be determined by the court as a matter of law as long as there is no factual dispute regarding the nature and extent of the person’s injuries that is material to determining whether the threshold standards are met. Plaintiff was obligated to respond to Pugh’s motion in order to meet his burden of demonstrating that a fact question existed as to whether he suffered a serious impairment of body function. The parts of plaintiff’s deposition identified by Pugh do not establish a genuine issue of material fact as to whether he suffered a serious impairment of body function. The relevant portions of plaintiff’s deposition testimony fail to rebut the evidence and instead set forth, at best, mere subjective complaints of pain. FRAUDULENT INSURANCE ACT The fraud statute finds that a person who presents or causes or to be presented an oral or written statement knowing that the statement contains false information concerning a fact or thing material to the claim commits a fraudulent insurance act under that is subject to the penalties imposed under the statute. A claim that contains or is supported by a fraudulent insurance act as described in this subsection is ineligible for payment of PIP benefits. An individual commits a “fraudulent insurance act” when: (1) the person presents or causes to be presented an oral or written statement, (2) the statement is part of or in support of a claim for no-fault benefits, and (3) the claim for benefits was submitted to the MAIPF. Further, (4) the person must have known that the statement contained false information, and (5) the statement concerned a fact or thing material to the claim. ZIFL OPINION The evidence presented by the defendants were damning since they established the injuries claimed were false. Plaintiff failed to respond to the motions to his detriment and sought reconsideration without any admissible evidence that he was truly injured. The defendants established that the Plaintiff committed fraud and he is lucky that this was a civil finding not a criminal proceeding that, in my opinion, should be presented by the prosecutor. More McClenny Moseley & Associates Issues This is ZIFL’s thirty seventh installment of the saga of McClenny, Moseley & Associates and its problems with the federal courts in the State of Louisiana and what appears to be an effort to profit from what some Magistrate and District judges may be criminal conduct to profit from insurance claims relating to hurricane damage to the public of the state of Louisiana. Health Insurance Fraud Convictions Pharmacist and Brother Convicted of $15M Medicare, Medicaid, and Private Insurer Fraud Scheme Raad Kouza, a pharmacist in Wayne County, Michigan, and his brother, Ramis Kouza, of Oakland County, Michigan, billed Medicare, Medicaid, and Blue Cross Blue Shield of Michigan for prescription medications that they did not dispense at pharmacies they owned or operated in Michigan. A federal jury convicted the pharmacy owner and his brother November 8, 2024 for conspiracy to commit health care fraud and wire fraud. Read the full article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2024/11/ZIFL-11-15-2024-1.pdf Indicators of Bad Faith Set Up Some of the more common red flags of a bad faith set-up include the following: The claimant makes a policy limits settlement demand quickly after an accident, thereby depriving the insurer of the ability to conduct a full investigation. Quick demands that are combined with a limited amount of time to accept, again, in the hopes that records cannot be obtained and the investigation cannot be completed within that limited time period, and the settlement will be refused. The claimant makes a settlement offer with one or more unusual acceptance conditions. The involvement of the claimant’s counsel pre-dates certain medical or psychiatric care (e.g., testing and treatment for alleged mild traumatic brain injury) Read the full article and the full issue of ZIFL at http://https//zalma.com/blog/wp-content/uploads/2024/11/ZIFL-11-15-2024.pdf Convictions of Other Than Health Insurance Fraud Star in Reality TV Series Pleads Guilty Crop Insurance Fraud Steve A. McBee, 52, waived his right to a grand jury and pleaded guilty to a federal information that charges him with one count of federal crop insurance fraud. McBee, a Missouri farmer who appears in a reality TV show about his family’s farming operation pleaded guilty this week to a multi-million dollar fraud scheme involving federal crop insurance benefits. Read the full article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2024/11/ZIFL-11-15-2024-1.pdf Chutzpah – STOLI Fraudster Claims Hardship Felon Seeks Release from Home Confinement in Luxury Apartment in New York City Insurance Fraud is a serious crime, especially when it takes advantage of the elderly to defraud insurers in a Stranger Originated Life Insurance (STOLI) scheme. In United States Of America v. Michael Binday, No. 12 CR 152 (CM), United States District Court, S.D. New York (November 4, 2024) the defendant continued to use the wealth he gained from his fraud to impose on the courts of the United States with frivolous and unfounded motions. Read the full article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2024/11/ZIFL-11-15-2024-1.pdf Barry Zalma, Esq., CFE Barry Zalma, Inc., 4441 Sepulveda Boulevard, CULVER CITY CA 90230-4847, 310-390-4455. Subscribe to Excellence in Claims Handling at https://barryzalma.substack.com/welcome.
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  • IMHO: ALL "DOCTORS" SHOULD LEAD, BY EXAMPLE",... THEY NEED TO TAKE THE SAME "MEDS, SURGERIES, AND "TREATMENTS" THAT THEY RECOMMEND.....

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    IMHO: ALL "DOCTORS" SHOULD LEAD, BY EXAMPLE",... THEY NEED TO TAKE THE SAME "MEDS, SURGERIES, AND "TREATMENTS" THAT THEY RECOMMEND..... 💩💥 https://media.gab.com/cdn-cgi/image/width=568,quality=100,fit=scale-down/system/media_attachments/files/168/675/721/original/7d5e55ebf10aa4c1.png
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  • Fraudulent Claims of Injury Defeated

    Respond to Motions for Summary Adjudication or Always Lose
    Posted on November 8, 2024 by Barry Zalma

    Post 4928

    Read the full article at https://www.linkedin.com/pulse/fraudulent-claims-injury-defeated-barry-zalma-esq-cfe-kitgc, See the full video at and at and at https://zalma.com/blog

    IT PAYS DEFENDANTS TO INVESTIGATE INJURY CLAIMS

    Plaintiff appealed from two orders granting summary disposition in favor of defendants even though he failed to respond to either motion.

    In Chris Kallco v. Melissa Lynn Pugh, Chris Kallco, and Precise Mri Of Michigan, LLC v. Citizens Insurance Company Of The Midwest and Melissa Lynn Pugh, No. 368156, Court of Appeals of Michigan (October 30, 2024) affirmed the trial court’s decision.

    FACTUAL BACKGROUND

    This case arises out of a motor vehicle accident that occurred on March 9, 2020 involving plaintiff and Pugh. Plaintiff alleges that he sustained injuries from the accident. A year after the accident, plaintiff brought a negligence claim against Pugh, alleging that, because of Pugh’s negligence, plaintiff sustained “severe permanent and progressive personal injuries and serious impairment of a body function, including but not necessarily limited to: Head, Neck, Back, Shoulders ….” Plaintiff also brought a claim against Citizens for PIP benefits, including medical expenses, work loss, and replacement services.

    Pugh and Citizens moved for summary disposition arguing that plaintiff could not meet his burden of showing that he sustained a threshold injury under the no-fault act and, therefore, he could not maintain his negligence claim against her. Pugh submitted the deposition testimony of the plaintiff and the report of an independent medical examination (IME) conducted by Dr. James Bragman on December 27, 2021. Dr. Bragman further observed that plaintiff had “near full range of motion” in his neck and that he was “eminently capable” of standing and touching his toes despite his refusal to do so. Dr. Bragman noted that plaintiff had “very little” medical treatment documented in his records and that he had been undergoing physical therapy for six months with no medical basis for doing so. An investigator’s report includes pictures of plaintiff walking, riding a child’s bicycle, squatting, bending over, lifting a bicycle out of a minivan unassisted, playing with a dog, driving a car, and twisting his neck.

    Citizens’ motion argued that plaintiff made material misrepresentations to Citizens regarding the extent of his injuries, which rendered him ineligible for benefits.

    The trial court found that, based upon the evidence presented, plaintiff failed to establish that he sustained a serious impairment of body function and therefore summary disposition in favor of Pugh was appropriate.

    THRESHOLD INJURY

    Plaintiff argued that the trial court erred by granting summary disposition in favor of Pugh.

    Under the no fault statute the threshold question of whether the person has suffered a serious impairment of body function should be determined by the court as a matter of law as long as there is no factual dispute regarding the nature and extent of the person’s injuries that is material to determining whether the threshold standards are met.

    Plaintiff was obligated to respond to Pugh’s motion in order to meet his burden of demonstrating that a fact question existed as to whether he suffered a serious impairment of body function.

    The parts of plaintiff’s deposition identified by Pugh do not establish a genuine issue of material fact as to whether he suffered a serious impairment of body function. The relevant portions of plaintiff’s deposition testimony fail to rebut the evidence and instead set forth, at best, mere subjective complaints of pain.

    FRAUDULENT INSURANCE ACT

    The fraud statute finds that a person who presents or causes to be presented an oral or written statement knowing that the statement contains false information concerning a fact or thing material to the claim commits a fraudulent insurance act under that is subject to the penalties imposed under the statute. A claim that contains or is supported by a fraudulent insurance act as described in this subsection is ineligible for payment of PIP benefits.

    An individual commits a “fraudulent insurance act” when: (1) the person presents or causes to be presented an oral or written statement, (2) the statement is part of or in support of a claim for no-fault benefits, and (3) the claim for benefits was submitted to the MAIPF. Further, (4) the person must have known that the statement contained false information, and (5) the statement concerned a fact or thing material to the claim.

    ZALMA OPINION

    The evidence presented by the defendants were damning since they established the injuries claimed were false. Plaintiff failed to respond to the motions to his detriment and sought reconsideration without any admissible evidence that he was truly injured. The defendants established that the Plaintiff committed fraud and he is lucky that this was a civil finding not a criminal proceeding that, in my opinion, should be presented by the prosecutor.

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

    Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

    Subscribe to my substack at https://barryzalma.substack.com/subscribe

    Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg

    Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    Fraudulent Claims of Injury Defeated Respond to Motions for Summary Adjudication or Always Lose Posted on November 8, 2024 by Barry Zalma Post 4928 Read the full article at https://www.linkedin.com/pulse/fraudulent-claims-injury-defeated-barry-zalma-esq-cfe-kitgc, See the full video at and at and at https://zalma.com/blog IT PAYS DEFENDANTS TO INVESTIGATE INJURY CLAIMS Plaintiff appealed from two orders granting summary disposition in favor of defendants even though he failed to respond to either motion. In Chris Kallco v. Melissa Lynn Pugh, Chris Kallco, and Precise Mri Of Michigan, LLC v. Citizens Insurance Company Of The Midwest and Melissa Lynn Pugh, No. 368156, Court of Appeals of Michigan (October 30, 2024) affirmed the trial court’s decision. FACTUAL BACKGROUND This case arises out of a motor vehicle accident that occurred on March 9, 2020 involving plaintiff and Pugh. Plaintiff alleges that he sustained injuries from the accident. A year after the accident, plaintiff brought a negligence claim against Pugh, alleging that, because of Pugh’s negligence, plaintiff sustained “severe permanent and progressive personal injuries and serious impairment of a body function, including but not necessarily limited to: Head, Neck, Back, Shoulders ….” Plaintiff also brought a claim against Citizens for PIP benefits, including medical expenses, work loss, and replacement services. Pugh and Citizens moved for summary disposition arguing that plaintiff could not meet his burden of showing that he sustained a threshold injury under the no-fault act and, therefore, he could not maintain his negligence claim against her. Pugh submitted the deposition testimony of the plaintiff and the report of an independent medical examination (IME) conducted by Dr. James Bragman on December 27, 2021. Dr. Bragman further observed that plaintiff had “near full range of motion” in his neck and that he was “eminently capable” of standing and touching his toes despite his refusal to do so. Dr. Bragman noted that plaintiff had “very little” medical treatment documented in his records and that he had been undergoing physical therapy for six months with no medical basis for doing so. An investigator’s report includes pictures of plaintiff walking, riding a child’s bicycle, squatting, bending over, lifting a bicycle out of a minivan unassisted, playing with a dog, driving a car, and twisting his neck. Citizens’ motion argued that plaintiff made material misrepresentations to Citizens regarding the extent of his injuries, which rendered him ineligible for benefits. The trial court found that, based upon the evidence presented, plaintiff failed to establish that he sustained a serious impairment of body function and therefore summary disposition in favor of Pugh was appropriate. THRESHOLD INJURY Plaintiff argued that the trial court erred by granting summary disposition in favor of Pugh. Under the no fault statute the threshold question of whether the person has suffered a serious impairment of body function should be determined by the court as a matter of law as long as there is no factual dispute regarding the nature and extent of the person’s injuries that is material to determining whether the threshold standards are met. Plaintiff was obligated to respond to Pugh’s motion in order to meet his burden of demonstrating that a fact question existed as to whether he suffered a serious impairment of body function. The parts of plaintiff’s deposition identified by Pugh do not establish a genuine issue of material fact as to whether he suffered a serious impairment of body function. The relevant portions of plaintiff’s deposition testimony fail to rebut the evidence and instead set forth, at best, mere subjective complaints of pain. FRAUDULENT INSURANCE ACT The fraud statute finds that a person who presents or causes to be presented an oral or written statement knowing that the statement contains false information concerning a fact or thing material to the claim commits a fraudulent insurance act under that is subject to the penalties imposed under the statute. A claim that contains or is supported by a fraudulent insurance act as described in this subsection is ineligible for payment of PIP benefits. An individual commits a “fraudulent insurance act” when: (1) the person presents or causes to be presented an oral or written statement, (2) the statement is part of or in support of a claim for no-fault benefits, and (3) the claim for benefits was submitted to the MAIPF. Further, (4) the person must have known that the statement contained false information, and (5) the statement concerned a fact or thing material to the claim. ZALMA OPINION The evidence presented by the defendants were damning since they established the injuries claimed were false. Plaintiff failed to respond to the motions to his detriment and sought reconsideration without any admissible evidence that he was truly injured. The defendants established that the Plaintiff committed fraud and he is lucky that this was a civil finding not a criminal proceeding that, in my opinion, should be presented by the prosecutor. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk
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