August 2006 SBH Quarterly Newsletter
PDF FormatSBH Obtains Rulings Reducing Deposition Charges
By Ron Pomeroy
It is common practice to depose medical providers. Many years ago, the OAR's
contained fee schedules with designated provider fees for preparation,
travel and the deposition itself. Those provisions were repealed and now
providers are allowed to charge "reasonable" fees for those services and
expenses.
Occasionally, a provider will attempt to charge excessive fees for
depositions and deposition preparation compared to other providers within
their field of specialty. Such was the case with neurosurgeon V. James
Makker, M.D.
In two recent MRU cases, SBH successfully reduced Dr. Makker's bills by
arguing he constructively refused to be deposed since his pre-deposition
advance billing requests were more than twice usual neurosurgeon
deposition-related fees in his local area. A survey of neurosurgeon billings
for similar services was conducted by Natasha Denyer of our office and was
vital in obtaining the MRU Order granting a sizeable fee reduction. With
this type of investigation, the carrier can successfully dispute excessive
providers fees.
(Ron Pomeroy has been an active member of the Oregon bar since 1973 and is
also an inactive member of the Guam bar. He formerly practiced business law
and was a former criminal prosecutor prior to defending employers in
workers’ compensation matters in 1987.)
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