Volume 9

9 Fla. L. Weekly Supp. 57b

Insurance — Personal injury protection — Discovery — Motion to compel supplemental deposition of adjuster on issue of indemnification granted — Motion to compel discovery from claims management company that scheduled independent medical examinations and selected IME physicians granted — Reports of all IMEs ever performed by physicians who performed IMEs in this claim to be provided in redacted form so as to not divulge patient names — Plaintiff to arrange for neutral party copying company to pull, redact, and copy records

9 Fla. L. Weekly Supp. 51a

Insurance — Personal injury protection — Discovery — Depositions — Where insured’s treating chiropractor’s deposition testimony would relate to business practices of plaintiff professional association, explaining the basis for certain charges as well as the policies and procedures employed to determine that those charges are reasonable, necessary and related to accident covered by insured’s policy, chiropractor’s role is not in nature of expert, but as chief operating officer of professional association, and chiropractor is not entitled to payment of expert witness fee

9 Fla. L. Weekly Supp. 196a

Insurance — Discovery — Depositions — Expert witness fee — Witness whose qualifications fulfill the requirements of rule 1.390 is entitled to receive expert witness fee for deposition testimony regarding the medical care and treatment provided to insured — If travel is required as result of deposition being scheduled anywhere other than witness’s office, insurer must pay witness for her portal to portal time, both to and from deposition location

9 Fla. L. Weekly Supp. 870a

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician is entitled to expert witness fee

9 Fla. L. Weekly Supp. 629a

Insurance — Personal injury protection — Discovery — Depositions — Insurer prohibited from taking discovery of medical provider’s billing and payment procedures relative to Medicare, Medicaid, workers’ compensation insurance, and private health insurance that is not relevant to issues in case — Insurer to clarify person it wishes to depose — Treating physician is entitled to a reasonable fee if deposed

9 Fla. L. Weekly Supp. 5a

Insurance — Discovery — Deposition fees — Petitioner failed to show that order denying request to set a reasonable fee for expert deposition violated clearly established principle of law resulting in miscarriage of justice or that order would cause material injury that could not be remedied on appeal from final judgment — Certiorari denied

9 Fla. L. Weekly Supp. 251a

Insurance — Discovery — Depositions — Expert witness fee — Chiropractor to testify at deposition is non-party expert witness due an expert witness fee

9 Fla. L. Weekly Supp. 488b

Insurance — Discovery — Depositions — Expert witness fee — Plaintiff medical provider is not entitled to expert witness fee for his deposition

9 Fla. L. Weekly Supp. 713b

Insurance — Discovery — Depositions — Physician is entitled to be paid as an expert witness for his deposition

9 Fla. L. Weekly Supp. 776a

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Reasonable hourly rate for deposition of physician who conducted peer review is $400 — Physician is not entitled to prepayment for deposition testimony; payment for first hour is to be tendered immediately preceding start of deposition and payment for any additional time is to be mailed within five days — Physician is not entitled to be compensated for time spent preparing for deposition — Physician will be entitled to cancellation fee if plaintiff cancels deposition within two business days of deposition and physician is unable to fill timeslot — Physician is entitled to compensation for any pre-deposition conferences with either party