Kloepfer v. Lumbermens Mutual Casualty Co.

This is an appeal from the Order Awarding Costs of the Workers’ Compensation Court which disallowed as a recoverable cost the expert witness fee of $750 charged for the deposition testimony of Victoria Kloepfer’s treating physician. We reverse.

The only question on appeal is whether the Workers’ Compensation Court erred when it disallowed the payment of $750 as the fee charged by claimant’s treating physician for the taking of a deposition based upon the Witty rationale.

Victoria Kloepfer (Kloepfer) sustained an injury to her back on April 14, 1992, while undergoing physical therapy at the…