Manthey v. Hugh Exterminators / Sedgwick
JCC Grindal (Sarasota)(Derrick Cox)(5-10-21) – Granted E/C’s Motion to Tax Costs. A PFB sought a follow-up appointment with authorized physician Dr. Marc Levy. The E/C responded that no further treatment was authorized with Dr. Levy because Dr. Levy had opined that no further neuro-ophthalmological treatment was needed. The E/C attorney testified that the deposition of the claimant and Dr. Levy were conducted in response to the PFB, and that the claimant voluntarily dismissed the PFB. The E/C sought costs for the court reporter appearance fee for the claimant deposition and for the deposition of Dr. Levy, a fee for Dr. Levy’s deposition appearance and a fee for Dr. Levy reviewing records preceding the deposition. The JCC rejected the claimant’s argument that he was the prevailing party by virtue of having seen Dr. Levy. Ultimately, the JCC ordered the claimant to reimburse the E/C taxable costs in the amount of $1,263.65. Click here to view Order |