Cases

This case determined taxable costs to be awarded the prevailing party (employer/carrier in this instance) in workers' compensation proceedings.  The award of specific costs is reviewed on appeal for abuse of discretion.  To the extent that such resolution requires statutory interpretation, the appellate court's review is de novo.

Section 440.13(10), Florida Statutes (2007), allows for a health care provider to provide depositional testimony and charge $200 per hour.  $200 per hour is the maximum that can be obtained as a cost reimbursement.  The $200 per hour reimbursable amount only applies to physicians that provide actual services.  This includes physicians performing IMEs non-refundable reservation fees charged by physicians in excess of the actual time giving or preparing for a deposition are not reimbursable costs.

For doctors that testify as to the provision of professional services that were unrelated to the workers' compensation case, their fees/costs are capped at $200 per day.  Two doctors that testified in this case were described as being "fact" witnesses.  Fees for these doctors' depositional testimony for determining taxable costs are capped at $200 per day.  On the other hand, if they were authorized treating providers or IMEs, their fees in determining costs would be computed at $200 per hour.

All depositions of the claimant whether taken before the filing of an actual Petition or regardless of whether they were used as evidence at the time of the hearing, are taxable.  The employer/carrier's attorney testified that all depositions were taken for reasonable discovery purposes.  A condition for the reimbursement of costs is not that the deposition of the claimant must have been admitted into evidence.

Only "no show" fees charged by IME doctors are reimbursable as costs.  A claimant is not liable for a "no show" fee charged by an authorized provider.  These charges are more in the nature of claims costs rather than litigated costs.  In addition, a claimant is not responsible for a records review made by the doctor.  See Section 440.13(3)(g), Florida Statutes (2007).

The IME doctor in this instance charged a non-reimbursable fee for reserving time for an updated IME.  Court determined that this was not a reimbursable cost.  There is only a fee for a "no show" charge for the actual IME.