Guest guest Posted January 18, 2006 Report Share Posted January 18, 2006 Doctors and medico-legal types. Recently I was subpoenaed to testify at a patient's worker's comp appeal hearing. The subpoena came with a $30 witness fee check and a $70 transportation check. Hearing was to be held and Bend, which is approximately 135 miles away. I contacted the attorney who subpoenaed being advised him at $70 would not buy enough fuel to get me to the first mountain pass. I also informed him that for me to testify I would have to close my office for an entire day and drive three hours each direction, and at $30 would not cover my expenses. The attorney advised me that under ORS $30 is the standard witness fee. The trial at that time was postponed. However, I just received another subpoena that would allow me to testify by phone. However, the attorney wants me to be available for two hours on a Thursday morning, which is a typical busy morning for me. This same law firm has scheduled a deposition in my office for a different case. They requested that I schedule, a two-hour block for their attorney and reporter for this deposition. And once again are only allowing a $30 witness fee. In the first case, the patient told me that he had hurt himself splitting wood that we presented with an L5/S1 neuropathy and an obvious foot drop I advised the patient that a referral was needed. However, he insisted on conservative care. The following day he presented my office and at that time, he agreed to referral to a medical doctor, and that was my last contact with the patient. In the second case, the patient maintain routine treatment in my office, primarily for headaches and upper back pain. three months after her last visit my office, she hurt her low back at work and filed the worker's compensation claim. And she was never treated by me for this claim. The question is, the $30 witness fee is explained by the attorney as dictated by ORS. is this the only reimbursement that I will be able to obtain for my time? DR CHARLIE CAUGHLIN DC. CAC 155 NW 1ST AVE JOHN DAY, OR 97845 OFF-541-575-1063 FAX-541-575-5554 HM-541-575-1103 Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 18, 2006 Report Share Posted January 18, 2006 I had a loocal atty do something like this ans was advised by my atty tht I had to appear. However my answers could be limited to logistics and NO medical opinions. That meant answering when and how often they came in but not why. No answers about where the injury was or how it happened. I just declined to answer anything that was related to my exams, treatment or the result of treatment. It turns out that the atty that called me was interested only in the timing of the 2 seperate incidents and didn't want my opinion. Unfortunately, he won his defense case based on the timing of the events unrelated to the obvious findings of real injury presented in the medical record of the MD and DC involved! He did well for his client but not the patient. Colwell, DC Medcal-Legal and billing ?? > > Doctors and medico-legal types. > > Recently I was subpoenaed to testify at a patient's worker's comp appeal > hearing. The subpoena came with a $30 witness fee check and a $70 > transportation check. Hearing was to be held and Bend, which is > approximately 135 miles away. I contacted the attorney who subpoenaed > being advised him at $70 would not buy enough fuel to get me to the first > mountain pass. I also informed him that for me to testify I would have to > close my office for an entire day and drive three hours each direction, > and at $30 would not cover my expenses. The attorney advised me that > under ORS $30 is the standard witness fee. The trial at that time was > postponed. However, I just received another subpoena that would allow me > to testify by phone. However, the attorney wants me to be available for > two hours on a Thursday morning, which is a typical busy morning for me. > > This same law firm has scheduled a deposition in my office for a different > case. They requested that I schedule, a two-hour block for their attorney > and reporter for this deposition. And once again are only allowing a $30 > witness fee. > > In the first case, the patient told me that he had hurt himself splitting > wood that we presented with an L5/S1 neuropathy and an obvious foot drop I > advised the patient that a referral was needed. However, he insisted on > conservative care. The following day he presented my office and at that > time, he agreed to referral to a medical doctor, and that was my last > contact with the patient. In the second case, the patient maintain > routine treatment in my office, primarily for headaches and upper back > pain. three months after her last visit my office, she hurt her low back > at work and filed the worker's compensation claim. And she was never > treated by me for this claim. > > The question is, the $30 witness fee is explained by the attorney as > dictated by ORS. is this the only reimbursement that I will be able to > obtain for my time? > > DR CHARLIE CAUGHLIN DC. CAC > 155 NW 1ST AVE > JOHN DAY, OR 97845 > OFF-541-575-1063 > FAX-541-575-5554 > HM-541-575-1103 > > > > > > OregonDCs rules: > 1. Keep correspondence professional; the purpose of the listserve is to foster communication and collegiality. No personal attacks on listserve members will be tolerated. > 2. Always sign your e-mails with your first and last name. > 3. The listserve is not secure; your e-mail could end up anywhere. However, it is against the rules of the listserve to copy, print, forward, or otherwise distribute correspondence written by another member without his or her consent, unless all personal identifiers have been removed. > Quote Link to comment Share on other sites More sharing options...
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