Volume 11

Case Search

INTEGRA HEALTH SERVICES, INC., f/k/a HOLLYWOOD PAIN RELIEF CENTER (a/a/o Vilma Lopez), Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

11 Fla. L. Weekly Supp. 153a

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Because the status of the party and deponent, not nature of the testimony the deponent will give, determines whether or not a treating physician is entitled to expert witness fee, physicians who are directly allied to plaintiff as employees or principals are not entitled to expert witness fees

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ORTHOPAEDIC CARE SPECIALISTS, P.L. (Richard Williams), Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

11 Fla. L. Weekly Supp. 52a

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician who testifies regarding knowledge of patient’s treatment, diagnosis or prognosis does not express expert opinion — Motions for protective order and expert witness fee denied — Question certified whether treating physician who has accepted assignment of benefits from a patient and has brought action to collect those benefits is entitled to be paid an expert witness fee when deposed by insurance carrier on the facts surrounding the treatment of the insured assignor patient

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ALL COUNTY MEDICAL CENTER, INC. a/a/o Irina Davydova, Plaintiff, vs. ALLSTATE INSURANCE COMPANY, Defendant.

11 Fla. L. Weekly Supp. 746a

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Physician who was medical director of plaintiff and rendered medical treatment to insured, but who is no longer employed by and has no continuing responsibility to plaintiff at time of deposition, is entitled to expert witness fee for deposition testimony

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PETER J. GODLESKI, M.D., P.A. d/b/a CENTRAL FLORIDA ORTHOPAEDIC & NEUROLOGY SPECIALISTS (Laguerre), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

11 Fla. L. Weekly Supp. 584a

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Physician — Plaintiff medical provider is not entitled to deposition fee, but deposition will be limited to provider’s role as fact witness, bills at issue, and services rendered — Documents — Requests for insurer to produce gain sharing plan and communications with anyone who conducted investigation for insurer into validity or reliability of database used to reduce or deny medical bills are denied — Request for documents regarding payments made to owner of database in state is granted for period of one year preceding dates of service at issue, but requests for other information on database usage and function are denied

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