<%@LANGUAGE="JAVASCRIPT" CODEPAGE="1252"%> Jeffrey Lee Burner

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IN THE WORKERS' COMPENSATION COURT OF THE STATE OF MONTANA

1999 MTWCC 4

WCC No. 9808-8038

JEFFREY LEE BURNER

Petitioner

vs.

UNINSURED EMPLOYERS' FUND

Respondent

MARK NEWSOM, d/b/a ROCKY MOUNTAIN ROOFING

Employer.


ORDER AWARDING COSTS

1 On December 21, 1998, counsel for the petitioner, Mr. Thomas A. Budewitz, filed his Application for Taxation of Costs in the above-entitled matter. Respondent filed Uef's Objection to Petitioner's Application for Taxation of Costs on December 28, 1998, and petitioner responded to UEF's objection on January 5, 1999.

2 Petitioner was seeking $1,180.08 in fees. The UEF is objecting to the deposition fee of Dr. Brooke Hunter and expert witness fee in the amount of $274.10. Petitioner is withdrawing his claim for those fees in the amount of $274.10.

3 The Court finds good cause to grant petitioner's claim for costs as follows:

4 IT IS HEREBY ORDERED that the respondent, Uninsured Employers' Fund, pay to the petitioner's attorney, Mr. Thomas A. Budewitz, his costs in the amount of $905.98. ($1,180.08 - 274.10 = $905.98).

5 This Order is signed by the Hearing Examiner at the direction of the Judge of the Workers' Compensation Court.

DATED in Helena, Montana, this 13th day of January, 1999.

(SEAL)

/s/ Clarice V. Beck
CLARICE V. BECK
Hearing Examiner

c: Mr. Thomas A. Budewitz
Mr. Patrick A. Trammelle
Submitted: January 4, 1999

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