Akers v. Serv-A-Portion, Inc.

The sole issue on certification is whether R.C. 4123.519 mandates that the Industrial Commission pay from the surplus fund the stenographic and copying costs of a deposition where the claimant’s right to participate in the Workers’ Compensation Fund is finally denied. We hold that R.C. 4123.519 does require payment of these costs under these circumstances and affirm the judgment of the court of appeals.

The pertinent provision of R.C. 4123.519 states at paragraph six:

“* * * Any party may file with the clerk prior to the trial of the action a deposition of any physician taken in accordance with…