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KLOEPFER v. LUMBERMENS MUT. CAS. CO.

No. 94-336.

899 P.2d 1081 (1995)

VICTORIA KLOEPFER, Petitioner and Appellant, v. LUMBERMENS MUTUAL CASUALTY CO., Insurer and Respondent for Bechtel Construction Co., Employer and Respondent.

Supreme Court of Montana.

Decided July 25, 1995.

Attorney(s) appearing for the Case

James G. Edmiston, III, Billings, for appellant.

Steven S. Carey, Garlington, Lohn & Robinson, Missoula, for respondent.

Patrick R. Sheehy, Halvorson, Sheehy & Plath, Billings (Montana Trial Lawyers Ass,n), for amicus.

WEBER, Justice.

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...

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