Workers' Compensation
Listed below is McConnaughhay, Coonrod, Pope, Weaver & Stern, P.A.'s workers' compensation case law database. The database dates back until 1971 and includes over 5500 workers' compensation court decisions.
To view the case summaries, select one of the general topics listed below.
Purcell v. Padgett & Publix Supermarkets, Inc.
20 FLW D1856
Section 440.13(10), Florida Statutes, (1994) limits
an expert witness fee for a health care provider
to $200.00 per hour and further limits the witness
fees for those who merely review medical records or who
provided professional services unrelated to the
workers' compensation case to $200.00 per day. Doctor
in this instance did not treat the claimant but did
perform an independent medical examination which
included a physical examination as well as review of
medical records. JCC determined that doctor should get
$200.00 per hour as opposed to $200.00 per day. The
provision of an independent medical examination is
clearly not a service unrelated to the workers'
compensation case and the doctor in this instance did
not merely review medical records.
The Division of Workers' Compensation of the Department
of Labor and Employment Security has the right to
intervene in appellate proceedings seeking to review an
order of the JCC. As the agency charged with the
implementation of the workers' compensation statutes,
its interpretation is persuasive. In this case, it was
the division's opinion that the doctor in this instance
should be entitled to a witness fee of up to $200.00
per hour because he performed more than merely
reviewing medical records since he also performed a
physical examination of the claimant. This opinion was
in part based upon the definitions contained in the
1991 Workers' Compensation Health Care Provider
Reimbursement Manual, incorporated by reference into
Rule 38F-7.020(1), Florida Administrative Code.
