Florida Statute 440.31 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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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

Annotations, Discussions, Cases:

Cases Citing Statute 440.31

Total Results: 12

Travieso v. Travieso

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

Supreme Court of Florida | Filed: Aug 22, 1985 | Docket: 1472562

Cited 41 times | Published

commission, that the statutory provision, F.S.A. § 440.31, for the award of expert fees authorizes only

Southern Bakeries v. Cooper

659 So. 2d 339, 1995 WL 155374

District Court of Appeal of Florida | Filed: Apr 11, 1995 | Docket: 1462852

Cited 13 times | Published

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

Robert & Company Associates v. Zabawczuk

200 So. 2d 802

Supreme Court of Florida | Filed: Jun 28, 1967 | Docket: 1291305

Cited 10 times | Published

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

Paulk v. School Bd. of Palm Beach County

615 So. 2d 260, 1993 WL 64493

District Court of Appeal of Florida | Filed: Mar 10, 1993 | Docket: 1184428

Cited 9 times | Published

1990), and section 440.30, Florida Statutes, or section 440.31, Florida Statutes. While the latter enactments

CRITTENDEN ORANGE BLOSSOM v. Stone

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

District Court of Appeal of Florida | Filed: Jul 25, 1986 | Docket: 1486098

Cited 6 times | Published

decision. [2] In Zabawczuk, the court held that section 440.31, Florida Statutes, providing for payment of

Murphy v. Tallardy

422 So. 2d 1098

District Court of Appeal of Florida | Filed: Dec 8, 1982 | Docket: 1739892

Cited 6 times | Published

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

Mills v. Aronovitz

404 So. 2d 138

District Court of Appeal of Florida | Filed: Sep 8, 1981 | Docket: 1782101

Cited 4 times | Published

the analogous workers' compensation statute, Section 440.31, Florida Statutes (1967), which authorizes

Mt. Sinai Medical Center v. Lack

381 So. 2d 304

District Court of Appeal of Florida | Filed: Mar 17, 1980 | Docket: 1717055

Cited 4 times | Published

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

WA Doss & Sons, Inc. v. Barbato

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

District Court of Appeal of Florida | Filed: Apr 22, 1986 | Docket: 1797161

Cited 2 times | Published

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

Shannon v. Cheney Bros. Inc.

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

District Court of Appeal of Florida | Filed: Oct 2, 2012 | Docket: 60312141

Cited 1 times | Published

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

Powell v. Dickerson of Florida, Inc.

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

District Court of Appeal of Florida | Filed: Jul 31, 1990 | Docket: 64652014

Published

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

Albertini v. McDonald's

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

District Court of Appeal of Florida | Filed: Jun 23, 1981 | Docket: 64583426

Published

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

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 440 in the context of workers' compensation claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.