287.560. Division or commission may administer oaths, issue process, take depositions — depositions may be taken by electronic means — costs, how paid. — The division, any administrative law judge thereof or the commission, shall have power to issue process, subpoena witnesses, administer oaths, examine books and papers, and require the production thereof, and to cause the deposition of any witness to be taken and the costs thereof paid as other costs under this chapter. Any party shall be entitled to process to compel the attendance of witnesses and the production of books and papers, and at his own cost to take and use depositions in like manner as in civil cases in the circuit court, except that depositions may be recorded by electronic means. The party electing to record a deposition by electronic means shall be responsible for the preparation and proper certification of the transcript and for maintaining a copy of the tape or other medium on which the deposition was recorded for the use of the division or any party upon request. Copies of the transcript shall be provided to all parties at a cost approved by the division. Subpoena shall extend to all parts of the state, and may be served as in civil actions in the circuit court, but the costs of the service shall be as in other civil actions. Each witness shall receive the fees and mileage prescribed by law in civil cases, but the same shall not be allowed as costs to the party in whose behalf the witness was summoned unless the persons before whom the hearing is had shall certify that the testimony of the witness was necessary. All costs under this section shall be approved by the division and paid out of the state treasury from the fund for the support of the Missouri division of workers' compensation; provided, however, that if the division or the commission determines that any proceedings have been brought, prosecuted or defended without reasonable ground, it may assess the whole cost of the proceedings upon the party who so brought, prosecuted or defended them. The division or the commission may permit a claimant to prosecute a claim as a poor person as provided by law in civil cases.
Notes of Decisions
Landman v. Ice Cream Specialties, Inc., 107 S.W.3d 240 (Mo. 2003).
· cites it 30× “3) Under section 287.560 4 Landman may recover the cost of preparing for the hardship hearing on issues that were ultimately resolved in mediation because ICS’s initial refusal to provide treatment was without reasonable grounds.”
State Ex Rel. Feltz v. Bob Sight Ford, Inc., 341 S.W.3d 863 (Mo. Ct. App. 2011).
· cites it 20× “01(b)(3) and Section 287.560. However, BSF argues, based on statutory rules of construction, that the specific discovery provisions relating to surveillance videotapes in Section 287.”
United States Dep't of Vets. Affairs v. Boresi, 396 S.W.3d 356 (Mo. 2013).
· cites it 5× “This holding was based upon an express provision of section 287.560, RSMo 2000, providing that litigants before the division are entitled to take depositions in the same manner as in civil proceedings.”
Fisher v. Waste Mgmt. of Missouri, 58 S.W.3d 523 (Mo. 2001).
· cites it 8× “The first, not involved here, is to take a deposition of the employer, as authorized by section 287.560, and use a subpoena duces tecum.”
State ex rel. McConaha v. Allen, 979 S.W.2d 188 (Mo. 1998).
· cites it 12× “Section 287.560 guarantees litigants before the division of workers’ compensation certain discovery rights: “Any party shall be entitled to process to compel the attendance of witnesses and the production of books and papers, and at his own cost to take and use depositions in…”
Lutes v. Schaefer, 431 S.W.3d 550 (Mo. Ct. App. 2014).
· cites it 17× “Section 287.560, RSMo Cum. Supp.2014 (emphasis added).”
Reese v. Coleman, 990 S.W.2d 195 (Mo. Ct. App. 1999).
· cites it 17× “The findings and conclusions of the administrative law judge that were adopted by the commission state, “Section 287.560, RSMo authorizes the Division of Workers’ Compensation to assess the cost of proceedings upon a party who brings, prosecutes, or defends a claim without…”
Ford v. Bi-State Dev. Agency, 677 S.W.2d 899 (Mo. Ct. App. 1984).
· cites it 5× “3 may not be used to nullify the preservation of medical testimony at a pre-hearing deposition by asserting non-compliance with the statute for the first time when the deposition is offered into evidence. Employer’s second reason contesting the admission into evidence of the…”
Stillwell v. Universal Constr. Co., 922 S.W.2d 448 (Mo. Ct. App. 1996).
· cites it 8× “36 he paid plus a separate $100 charge he paid for preparation of the grave plus costs under Section 287.560. B. The Commission Correctly Refused to Apply the New Limit on Burial Expenses Retroactively It is well settled that, unless a statute clearly indicates that it is to be…”
Tillman v. Wedge Mobile Serv. Station, 565 S.W.2d 653 (Mo. Ct. App. 1978).
· cites it 5× “1958); § 287.560, RSMo.1969. Section 287.560 provides for the taking and use of depositions in Workmen’s Compensation proceedings “in like manner as in civil cases in the circuit court,” and we find nothing to suggest the legislature intended something other than the plain…”
— Mo. Rev. Stat. § 287.560(1994) — 1 case
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