California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 4.5 - Division of Workers' Compensation
Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure
Article 11 - Evidence
Section 10682 - Physicians' Reports as Evidence
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Workers' Compensation Appeals Board favors the production of medical evidence in the form of written reports. Direct examination of a medical witness will not be received at a trial except upon a showing of good cause. A continuance may be granted for rebuttal medical testimony subject to Labor Code section 5502.5.
(b) Medical reports should include where applicable:
In death cases, the reports of non-examining physicians may be admitted into evidence in lieu of oral testimony.
(c) All medical-legal reports shall comply with the provisions of Labor Code section 4628. Except as otherwise provided by the Labor Code and the Rules of Practice and Procedure of the Workers' Compensation Appeals Board, failure to comply with the requirements of this rule will not make the report inadmissible but will be considered in weighing the evidence.
1. Renumbering of former section 10606 to section 10682, including amendment of section and NOTE, filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4628, 5502.5, 5703 and 5708, Labor Code.