Florida Statute 440.31 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.31

440.31 Witness fees.—Each witness who appears in obedience to a subpoena shall be entitled to the same fees as witnesses in a civil action in the circuit court; however, any expert witness, as defined in Rule 1.390(a) of the Florida Rules of Civil Procedure, who shall have testified in any proceeding under this chapter shall be allowed a witness fee, including the cost of any exhibits used by such witness, in such reasonable amount as the judge of compensation claims may determine, not in excess of the rate prevailing in the locality for witness fees for such expert witnesses in workers’ compensation proceedings, notwithstanding the limitation provided in s. 92.231.

History.—s. 31, ch. 17481, 1935; CGL 1936 Supp. 5966(31); s. 9, ch. 29778, 1955; s. 2, ch. 67-554; s. 23, ch. 78-300; ss. 24, 124, ch. 79-40; s. 21, ch. 79-312; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 8, ch. 91-46.

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Amendments to 440.31

Arrestable Offenses / Crimes under Fla. Stat. 440.31

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.31.

Annotations, Discussions, Cases:

Cases Citing Statute 440.31

Total Results: 14

Shannon v. Cheney Bros. Inc.

Court: District Court of Appeal of Florida | Date Filed: 2012-10-02

Citation: 98 So. 3d 1228, 2012 WL 4490866, 2012 Fla. App. LEXIS 16495

Snippet: requested payment of expert witness fees under section 440.31, Florida *1231Statutes (2010). In his amended motion

Southern Bakeries v. Cooper

Court: District Court of Appeal of Florida | Date Filed: 1995-04-11

Citation: 659 So. 2d 339, 1995 WL 155374

Snippet: 1991); § 440.34(3), Fla. Stat. (1991); see also § 440.31, Fla. Stat. (1991). However, there was no provision

Paulk v. School Bd. of Palm Beach County

Court: District Court of Appeal of Florida | Date Filed: 1993-03-10

Citation: 615 So. 2d 260, 1993 WL 64493

Snippet: and section 440.30, Florida Statutes, or section 440.31, Florida Statutes. While the latter enactments

Powell v. Dickerson of Florida, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1990-07-31

Citation: 564 So. 2d 1220, 1990 Fla. App. LEXIS 5761, 1990 WL 110294

Snippet: claimant’s argument and reverse on this point. Section 440.31 Florida Statutes provides in pertinent part: Each

CRITTENDEN ORANGE BLOSSOM v. Stone

Court: District Court of Appeal of Florida | Date Filed: 1986-07-25

Citation: 492 So. 2d 1106, 11 Fla. L. Weekly 1629

Snippet: [2] In Zabawczuk, the court held that section 440.31, Florida Statutes, providing for payment of expert

WA Doss & Sons, Inc. v. Barbato

Court: District Court of Appeal of Florida | Date Filed: 1986-04-22

Citation: 487 So. 2d 377, 11 Fla. L. Weekly 935

Snippet: not entitled to expert witness fees under Section 440.31, Florida Statutes (1983).[1]Robert & Co. Associates

Travieso v. Travieso

Court: Supreme Court of Florida | Date Filed: 1985-08-22

Citation: 474 So. 2d 1184, 10 Fla. L. Weekly 410

Snippet: noted that the essential provisions of Sections 440.31 and 92.231 are quite similar. Nevertheless, the

Murphy v. Tallardy

Court: District Court of Appeal of Florida | Date Filed: 1982-12-08

Citation: 422 So. 2d 1098

Snippet: workers' compensation case that held that Section 440.31, Florida Statutes (1967) was not intended to allow

Christopher v. Dobbs Houses, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1982-03-08

Citation: 411 So. 2d 267, 1982 Fla. App. LEXIS 19390

Snippet: been awarded as costs pursuant to §§ 440.34(2) and 440.31, Florida Statutes, even though the deputy may not

Mills v. Aronovitz

Court: District Court of Appeal of Florida | Date Filed: 1981-09-08

Citation: 404 So. 2d 138

Snippet: analogous workers' compensation statute, Section 440.31, Florida Statutes (1967), which authorizes fees

Albertini v. McDonald's

Court: District Court of Appeal of Florida | Date Filed: 1981-06-23

Citation: 400 So. 2d 160, 1981 Fla. App. LEXIS 20283

Snippet: are recoverable under Florida Statutes, Section 440.31 or Section 440.-32, neither of which require prior

Mt. Sinai Medical Center v. Lack

Court: District Court of Appeal of Florida | Date Filed: 1980-03-17

Citation: 381 So. 2d 304

Snippet: complying with the filing requirements of Section 440.31 or of any excuse for these failures. The bills

Robert & Company Associates v. Zabawczuk

Court: Supreme Court of Florida | Date Filed: 1967-06-28

Citation: 200 So. 2d 802

Snippet: commission, that the statutory provision, F.S.A. § 440.31,[1] for the award of expert *804 fees authorizes

Stich v. Independent Life & Accident Insurance Co

Court: Supreme Court of Florida | Date Filed: 1962-03-28

Citation: 139 So. 2d 398, 1962 Fla. LEXIS 3040

Snippet: employer of witness fees as costs. F.S. Sections 440.31, 440.34(2) F.S. A. The deputy commissioner erred