State ex rel. Williams v. Colasurd

Former R.C. 4123.519(C) read:

“ * * * The cost of the deposition filed in court and of copies of the deposition for each party shall be paid for by the bureau of workers’ compensation from the surplus fund and the costs thereof charged against the unsuccessful party if the claimant’s right to participate or continue to participate is finally sustained or established in the appeal. * * *”1 143 Ohio Laws, Part II, 3355.

Costs of the deposition are payable to a claimant regardless of litigation success. Akers v. Serv-A-Portion, Inc. (1987), 31 Ohio St.3d 78, 31 OBR 190, 508 N.E.2d 964, syllabus.…