Limit of Deposition Fee EMA

The recent Fist District Court of Appeal case of Suarez v. Steward Enterprises and Travelers, Inc. Co., (Case No. 1D14-3495; May 12, 2015), restricts the fee an EMA can charge for his/her deposition.  In such case, the claimant scheduled the deposition of Dr. Rozencwaig and was advised that the fee would be $750.00 per hour.  The claimant brought the matter before the JCC, who ruled that an EMA was not limited like other health care providers who are limited to $200.00 an hour.  The claimant filed a writ of certiorari arguing that the JCC’s ruling constituted a departure from the essential requirements of the law, it constituted material harm, and could not be remedied on appeal.  The First District Court of Appeal agreed. Basically, now an EMA is considered a health care provider and subject to the limitations of the $200.00 per hour deposition fee per Section 440.13(10). Keep in mind that his opinion is not yet final until the time expires for the parties to file a Motion for Rehearing.

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