10 Fla. L. Weekly Supp. 646c
Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Non-party physician to be deposed regarding the references on which he relies to determine reductions, coding, and nonpayment recommendations made to insurer utilizing a computer program physician developed is entitled to witness fee as expert on computer program
MITCHELL R. POLLAK MD, PA, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COCE 02-11771-49. July 1, 2003. Kathleen D. Ireland, Judge. Counsel: Cris Boyar, for Plaintiff. Matt Hellman, for Defendant. Mark D. Feinstein, for Dr. Howard Cohan.
ORDER
THIS CAUSE having come on to be heard on Plaintiff’s Motion Not to Pay Dr. Howard Cohan and the Court having heard argument of counsel, reviewed the motion and being otherwise advised in the Premises, makes the following findings:
1. Plaintiff sued Defendant alleging Defendant has failed to pay Personal Injury Protection benefits pursuant to the applicable policy of insurance and Florida Statutes Sec. 627.
2. The medical bills of the treating physician are at issue.
3. The treating physician has accepted assignment from the insured and is pursuing this action in her stead.
4. The Plaintiff’s have subpoena a nonparty physician, DR. HOWARD COHAN, for the purpose of explaining the process and references upon which DR. COHAN relies to determine the reductions, coding and/or non payment recommendations made to the insurer, utilizing a computer software program which DR. COHAN developed.
5. DR. COHAN has filed a Motion for Protective Order or to be recognized as an expert and be paid for said deposition.
6. That DR. COHAN is possessed of special knowledge and experience about the subject, since he developed the program. Therefore DR. COHAN shall be considered an expert on the instant program and will be entitled to an expert witness fee.
7. That a reasonable expert fee for a person with expert program knowledge who holds no degree in the field of said expertise, shall be $75.00 per hour.
It is therefore
ORDERED AND ADJUDGED said Plaintiff’s Motion Not to Pay Dr. Howard Cohan be and the same is hereby denied. Should DR. COHAN be subpoena for a deposition he will be paid the fee of $75.00 per hour or part thereof, not to include travel or preparation time.
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