16 Fla. L. Weekly Supp. 575b
Online Reference: FLWSUPP 166LAUR2
Insurance — Personal injury protection — Coverage — Medical expenses — Evidence — Judicial notice is taken of Medicare Part B Fee Schedule and Workers’ Compensation Fee Schedule
CENTER FOR HEALTH & REHAB, INC., as assignee of Jean Herrard Lauriston, Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 08-SC-4128. April 16, 2009. Deb S. Blechman, Judge. Counsel: Jeffrey Regenstreif, for Plaintiff. George Milev, Adams & Diaco, P.A., Tampa, for Defendant.
ORDER ON DEFENDANT’S MOTION FOR JUDICIAL NOTICE
THIS CAUSE having come before the Court on Defendant’s Motion for Judicial Notice of the Medicare Part B Fee Schedule and Worker’s Compensation Fee Schedule on April 9, 2009 and the Court having heard arguments from counsel for both 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 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”.
3. The Court takes Judicial Notice of the applicable Medicare Part B Fee Schedule and Worker’s Compensation Fee Schedule pursuant to §90.201 and §90.202, Fla. Stat.
5. The Court also treats Defendant’s Motion for Judicial Notice of the Medicare Part B Fee Schedule and Worker’s Compensation Fee Schedule as a motion in limine.
6. Defendant may introduce at trial the Medicare Part B Fee Schedule and Worker’s Compensation Fee Schedule presented to the Court and referenced in Defendant’s Motion.
7. Said CMS Medicare Part B Fee Schedule and Worker’s Compensation Fee Schedule have been determined to be self-authenticating, relevant and admissible at trial.
