Division or commission may administer oaths, issue process, take depositions
In a workers' compensation case, the division or commission has the power to call witnesses, make them show up, look at records, and take sworn statements. Each side can also gather evidence and use witness statements, including ones recorded on video or audio. Witnesses get paid a small fee for showing up. If someone brings or fights a case without a good reason, they may have to pay all the costs. People who cannot afford to fight a claim may be allowed to do so for free, like in other civil court cases.
287.560. may , , take — depositions may be taken by — costs, how paid. — The , any thereof or the , shall have power to issue process, witnesses, administer oaths, examine books and papers, and require the production thereof, and to cause the of any witness to be taken and the costs thereof paid as other costs under this chapter. Any shall be entitled to process to 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 in the , except that depositions may be by electronic means. The party electing to a deposition by electronic means shall be responsible for the preparation and proper of the 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 as in in the circuit court, but the costs of the shall be as in other civil actions. Each witness shall receive the fees and 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 is had shall that the of the witness was necessary. All costs under this section shall be approved by the division and paid out of the from the for the support of the Missouri ; provided, however, that if the division or the commission that any proceedings have been brought, or defended without reasonable ground, it may the whole cost of the proceedings upon the party who so brought, prosecuted or defended them. The division or the commission may a to a as a as provided by law in civil cases.
(RSMo 1939 § 3740, A.L. 1965 p. 397, A.L. 1980 H.B. 1396, A.L. 1993 S.B. 251)
Prior revision: 1929 § 3350
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.