Grieving spouse says letter merits apology

A man whose wife was dead a month gets a letter saying she asked about chiropractic care "a few days ago."

By AMY HERDY

© St. Petersburg Times, published December 29, 1999

TAMPA -- About a month after his wife of 25 years died from injuries sustained in a traffic accident, John Makas opened mail that made him shake with grief and anger.

Labeled "Special Report," the 10-page letter he received Nov. 16 claimed to be in response to a request made by his wife, Judith, "a few days ago" for information on chiropractic care after her traffic accident.

Makas, a 46-year-old Pinellas Park construction worker, called the chiropractor in question, Mark Carlo of Indian Rocks Family Chiropractic Center, for an explanation.

"He told me to tear it up, throw it in the garbage and forget we ever talked," Makas recalled.

But he did not forget, and turned to Florida Professionals Against Fraud for information. Founded in October by Tampa chiropractor Bruce Miller, the group of doctors, lawyers and other professionals works to raise awareness of insurance fraud cases that tarnish their reputations.

"It's not fair to those of us who stay within the law," Miller said of letters similar to the one Makas received. "It makes the 95 percent of us who are trying to do it right look like a bad guy."

So far, the group is small, with about a half-dozen members. It has a toll-free number for complaints, and so far has gotten about a dozen calls. The group's focus now is to raise its own profile with the goal of educating the public about this aspect of insurance fraud.

Soliciting victims of traffic accidents violates Florida law, said state insurance fraud investigator William Latham.

"It's basically against the law for anyone to solicit anyone involved in a motor vehicle and injured, for the purpose of initiating a civil lawsuit or an insurance claim for benefits, ever," said Latham, who is based in Tampa.

Miller's group will refer callers to attorneys who can determine if they have a valid insurance fraud complaint and decide what to do about it. The group also works closely with state insurance regulators to build cases.

It also will send information to callers that explains the law.

Carlo, who sent the letter, said it was a random mailing and he did not know Judith Makas had been in a traffic accident, though the second page is an "injury documentation certificate" that pictures a crumpled car.

"It's an informational piece that I have," Carlo said. "I don't send it to anybody in particular."

He said sending the letter to the Makas household was "unfortunate" and declined to say how his mailing list was obtained.

"I don't go around soliciting for patients like that," Carlo said.

Makas said Carlo told him the letter had been sent for him by a company he hired, a company he would not name. All he wanted, Makas said, was for someone to apologize. Now he's reviewing his options with Tampa attorney Alan Sandler, who is involved with Florida Professionals Against Fraud and is running for Hillsborough public defender.

"It's devastating to have someone tell you they've spoken with your wife when she's been dead for a month," Makas said.

Investigator Latham said most insurance fraud cases work like this: an accident victim is contacted by a "runner," who gets the name from a traffic accident report, which is a public record.

The runner then sells the accident victim's name to doctors or lawyers, who contact the person to receive health care in the guise of documenting injuries for a lawsuit, Latham said.

"They tell them, "You have to get all this treatment to prove your case,' " Latham said, when most of the time the goal is to run through the victim's personal injury insurance benefits.

To contact Florida Professionals Against Fraud, call toll-free,1 (877) FRAUD-38.

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