623 N.E.2d 640 | Ohio Ct. App. | 1993
The Administrator of the Bureau of Workers' Compensation appeals a judgment entered by the Lawrence County Common Pleas Court ordering the Administrator to reimburse Cabletron Systems, Inc. ("Cabletron") for the costs advanced by Cabletron for videotape depositions of physicians and the costs for written transcripts of these depositions.
Appellant assigns one error phrased as a statement of the issue:
"Whether the trial court erred in ordering the defendant, Bureau of Workers' Compensation, to pay for both the videotape and stenographic costs associated with the depositions of the physicians who testified at trial on behalf of the employer."
Pursuant to R.C.
"[C]osts of this case, including all costs assessable by virtue of R.C.
On August 10, 1992, appellee filed a motion to tax costs and seeking an order compelling appellant to reimburse appellee for the expert fees paid to the physicians for their deposition testimony and the costs of videotaping and transcribing the depositions. In its judgment entry filed September 24, 1992, the trial court ordered appellant to reimburse appellee for the transcript and videotape charges but not for the expert witness fees. Appellant timely appealed. Appellee does not challenge the denial of the expert witness fees. *156
Appellant's only argument on appeal is that it should not be required, pursuant to R.C.
R.C.
"Any party may file with the clerk prior to the trial of the action a deposition of any physician taken in accordance with the provisions of the Revised Code, which deposition may be read in the trial of the action even though the physician is a resident of or subject to service in the county in which the trial is had. 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."
In construing a statute, a court's paramount concern is the legislative intent in enacting the statute. State v. S.R.
(1992),
The express language of R.C.
This section encourages the presentation of medical testimony by deposition instead of in-court testimony. Id. at 80, 31 OBR at 192,
Neither Perry nor Akers address the costs of videotaping; rather, they deal only with stenographic and duplicating costs. However, the statute does not limit the costs of the depositions to the cost of transcribing only, nor does it state, as appellant would have us hold, that appellant, if it is established that the claimant may not participate in the fund, need only pay either the videotape or transcript costs, whichever is more costly. While appellant's interpretation may be a good policy, in the absence of such a limitation imposed by the General Assembly, we may not so limit the statute. We note that videotape depositions often assist the trier of fact in understanding medical testimony through the use of visual aids and assist the trier of fact to evaluate credibility.
One court has held that the trial court has discretion in deciding whether to award the videotape and transcript charges if it determines these are necessary and vital to the litigation. McGuire v. Mayfield (Dec. 9, 1991), Allen App. Nos. 1-90-83 and 1-90-88, unreported, 1991 WL 261831. However,McGuire relied on a case determining when an expense would be allowed as a cost taxable against the nonprevailing party under Civ.R. 54(D). See Glover v. Massey (Jan. 11, 1990), Cuyahoga App. Nos. 56351 and 56806, unreported, 1990 WL 1328. Civ.R. 54(D) provides:
"Costs. Except when express provision therefor is made either in a statute or in these rules, costs shall be allowed to the prevailing party unless the court otherwise directs."
R.C.
Therefore, in light of the mandatory and nonlimited nature of R.C.
Accordingly, appellant's assignment of error is overruled and the judgment of the trial court is affirmed.
Judgment affirmed.
PETER B. ABELE and STEPHENSON, JJ., concur.