15 Fla. L. Weekly Supp. 949c
Insurance — Personal injury protection — Coverage — Medical expenses — Reasonable charges — Evidence — Medical fee schedules — Court takes judicial notice of Medicare Part B and workers’ compensation fee schedules — Fee schedules are self-authenticating, relevant and admissible
MELISSA CHIDESTER, Plaintiff, vs. PROGRESSIVE SELECT INSURANCE COMPANY, f/k/a PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 07-SC-475. June 18, 2008. Donald L. Marblestone, Judge. Counsel: Geoffrey Macleay, for Plaintiff. George Milev, Adams & Diaco, P.A., Tampa, for Defendant.
ORDER ON DEFENDANT’S MOTION FOR JUDICIAL NOTICE AND ADMISSIBILITY OF THE MEDICARE AND WORKERS COMPENSATION FEE SCHEDULES
THIS CAUSE having come before the Court on Defendant’s Motion for Judicial Notice and Admissibility of the Medicare Part B and Workers Compensation Fee Schedules on April 29, 2008, and the Court having heard arguments from counsels for Plaintiff and Defendant, and otherwise being fully advised in the premises hereby
FINDS, ORDERS AND ADJUDGES as follows:
1. Defendant’s Motion for Judicial Notice and Admissibility of the Fee Schedules is GRANTED.
2. §627.736(5)(a), Fla. Stat., gives discretion to the trial court to allow in evidence “various federal and state medical fee schedules applicable to automobile and other insurance coverage” in respect to a determination of whether a charge for a particular service is reasonable.
3. The Court exercises its discretion and takes Judicial Notice of the Medicare Part B and Workers Compensation Fee Schedules pursuant to §90.201, Fla. Stat., as a mandatory Judicial Notice.
4. In addition, the Court exercises its discretion and takes Judicial Notice of the Medicare Part B and Workers Compensation Fee Schedules pursuant to §90.202, Fla. Stat., as a permissive Judicial Notice.
5. The Court also treats Defendant’s Motion for Judicial Notice of the Medicare Part B and Workers Compensation Fee Schedules as a motion in limine.
6. Defendant may introduce at trial the Medicare Part B and Workers Compensation Fee Schedules presented to the Court and referenced in Defendant’s Motion.
7. Said CMS Medicare Part B and Workers Compensation Fee Schedules have been determined to be self-authenticating, relevant and admissible at trial.
