W. Va. Code R. § 85-1-17 - Expert Witness Appearances
17.1. An
authorized treating physician, or an authorized consulting physician acting
upon referral from an authorized treating physician, appearing at a hearing to
give testimony regarding an examination of a claimant will be paid a fee by the
responsible party commensurate with the service rendered for such appearance
and testimony, not to exceed $100 per quarter hour.
17.2. All other expert witness appearance
fees, including, but not limited to, any physician other than those physicians
mentioned in subsection 17.1. of this section, medical vendors, rehabilitation
providers, physical therapists or vocational specialists, shall be paid for by
the party wishing to examine or cross-examine the expert witness at an amount
agreed to by the parties based upon usual and customary rate for the profession
involved, not to exceed $100 per quarter hour. If the expert witness demands an
amount in excess of $100 per quarter hour to appear, it is the sole
responsibility of the party who has retained the services of the expert or
submitted a report or records of the expert as evidence in the case to pay for
the difference.
Notes
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