12 Fla. L. Weekly Supp. 177b
Insurance — Depositions — Scope — Factual issues of how charges were arrived at for CPT codes at issue on which reductions were taken by insurer
ST. GERMAIN CHIROPRACTIC, P.A., as assignee of LUIS SAGARNAGA, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 02-SC-4107-19-Z. October 29, 2004. Carmine M. Bravo, Judge. Counsel: David B. Blessing. George Milev, Adams, Blackwell & Diaco, P.A.
ORDER ON MOTIONS AND OBJECTIONS REGARDING DR. ST. GERMAIN’S DEPOSITION AND EXPERT WITNESS FEE
This case was before the Court on September 22, 2004 on the following: (1) Plaintiff’s Motion for Protective Order and to Assess Expert Witness Fee (served August 3, 2004); (2) Defendant’s Motion to Compel Deposition of Patrick St. Germain, D.C. Without Expert Witness Fee (served August 23, 2004); and (3) Plaintiff’s Objection to Defendant’s Corporate Representative Duces Tecum for Dr. St. Germain (served June 28, 2004). The Court, having heard argument and representations of counsel, having reviewed the pleadings and file materials, and being otherwise fully advised in the premises, hereby
FINDS, ORDERS and ADJUDGES as follows:
1. The deposition of Patrick St. Germain, D.C., scheduled for September 23, 2004, shall be limited to the factual issue of how the charges were arrived at for the CPT codes at issue in this matter on which reductions were taken by the defendant. Dr. St. Germain shall not be required to bring with him to the deposition the patient file or the documents requested in paragraph (b) of the duces tecum as the defendant has in its possession the documents for the dates of service at issue on which reductions were taken. However, Dr. St. Germain shall bring with him to the deposition any and all documents in his possession that are responsive to paragraph (c) of the duces tecum which states as follows: fee schedules, fee manuals, guides, or other documents, publications or writings utilized by Plaintiff in setting up the price/charge for the cpt codes at issue.”
2. As a result of the above, Dr. St. Germain shall not be entitled to an expert witness fee for the September 23, 2004 deposition.
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