Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Demand.
Each party shall, within 30 days of a demand by another party,
unless a shorter time is indicated by this part, disclose or furnish the
following:
A. the names and addresses
of all known witnesses that a party intends to call at the hearing, including
doctors by cross-examination or who will testify by report only. All witnesses
unknown at the time of the disclosure must be disclosed within 15 days after
they become known if a prior demand has been made;
B. nonprivileged written or recorded
statements made by a party or by witnesses on behalf of a party. The demanding
party must be permitted to inspect and reproduce such statements at the
demanding party's expense. A party unreasonably failing upon demand to make the
disclosure required by this part, upon proper motion made to the judge at the
hearing, may be foreclosed from presenting evidence at the hearing through
witnesses not disclosed or through witnesses whose statements are not
disclosed;
C. the petitioner shall
disclose the names and addresses of all persons who have treated the employee
in the past for injuries or conditions identical or related to those alleged in
the petition, the dates of the treatment, and provide medical authorization for
each. Medical privilege is waived as to the injuries or conditions alleged in
the petition by the filing of the petition alleging injury or occupational
disease;
D. wage and personnel
records;
E. if temporary partial
disability benefits are claimed, the employee must provide a list of postinjury
employers and authorizations for the release of wage information for each or a
complete set of wage records regarding the employee's claim; and
F. for the purpose of the pending hearing
only, a party shall provide a response to a party's request for admissions
relevant to the matters in dispute, including, but not limited to, the
genuineness of any documents, whether the party is the person depicted in
surveillance, and whether or not surveillance accurately depicts the subject's
activities during the time covered by the surveillance. If a party fails to
provide a response to a request for admissions, the requesting party may file a
motion to compel compliance with discovery under part
1420.2250 or a motion to establish
an admission or preclude evidence under subpart
5.
Subp. 2.
Depositions.
Under Minnesota Statutes, section
176.411,
subdivision 2, depositions may be taken in the manner the law provides for
depositions in civil actions in the district courts for the state, except where
a judge orders otherwise. Upon request by an adverse party, a party must
produce named witnesses for discovery deposition, except as otherwise provided
by this part or Minnesota Statutes, section
176.155, subdivision
5.
A. When a party has objected to the
taking of a deposition, the party requesting the deposition shall bring a
motion before the judge who will determine whether the deposition should
proceed. The motion must state, with specificity, the facts or other reasons
supporting the need for the deposition. The judge shall order the deposition to
proceed if the judge finds that:
(1) the
deposition is needed for the proper presentation of a party's case;
(2) the deposition is not for purposes of
delay;
(3) unusual or extraordinary
circumstances exist which compel extensive discovery; or
(4) the issues or amounts in controversy are
significant enough to warrant extensive discovery.
B. Depositions to preserve testimony or to
present testimony due to the unavailability of the witness are allowed. The
deposition must be taken sufficiently in advance of the hearing so that the
deposition may be offered as an exhibit at the hearing, unless, for good cause
shown, the party taking the deposition has the permission of the judge to take
or file the deposition subsequent to the hearing.
C. Under Minnesota Statutes, section
176.155, subdivision
5, the cross-examination of a physician or health care provider before a
hearing is specifically allowed. When a deposition for the purpose of
cross-examination of a physician or health care provider is taken under this
item, redirect examination is allowed. Unless ordered otherwise by a judge, the
cross-examination deposition must be completed before the hearing.
D. Depositions taken for purposes of
presenting testimony may be offered as an exhibit at the hearing but need not
be filed with the division before the hearing.
E. The party initiating the taking of any
deposition, including a cross-examination deposition under Minnesota Statutes,
section
176.155, subdivision
5, is responsible for all costs of the deposition, including witness fees and
court reporter fees.
Subp.
3.
Motions for disputed or additional discovery.
Upon the motion of a party, the judge may order discovery of
other relevant material or information and resolve disputes about the extent of
discovery, recognizing all privileges recognized by law. The judge may order
discovery available under the Rules of Civil Procedure for the district courts
of Minnesota provided that the discovery:
A. is needed for the proper presentation of a
party's case;
B. is not for
purposes of delay; and
C. the
issues or amounts in controversy are significant enough to warrant extensive
discovery.
Subp. 4.
Motion for direct testimony by physician or health care provider.
A motion for full testimony of a physician or health care
provider must comply with part
1420.2900, subpart
3.
Subp. 5.
Penalties.
Upon the failure of a party to reasonably comply with discovery
or a judge's order under this part, the following orders of the judge are
allowed upon a party's motion:
A. an
order that the subject matter of the order for discovery or other relevant
facts is established in accordance with the moving party's claim; or
B. an order prohibiting the party failing to
comply to support or oppose designated claims or defenses, or prohibiting that
party from introducing designated matters in evidence.
Subp. 6.
Protective orders.
When a party is asked to reveal material which that party
considers proprietary or privileged information, trade secrets, or sensitive
medical data, the party may bring the matter to the attention of the judge, who
shall issue a protective order as is reasonable and necessary or as otherwise
provided by law.
Subp. 7.
Employer's expert medical examinations.
If an employee claims that the employee's ability to earn has
been substantially reduced because of the injury in combination with other
factors, the employee must submit to a physical and verbal examination by the
employer's or insurer's expert under Minnesota Statutes, section
176.155, subdivision
1, if requested by the employer or insurer. Expert reports must be provided,
upon demand, to adverse parties. A party who objects to the scope of the
requested examination may bring a motion for protection. The motion must be
served as provided in part
1420.2250. The judge may issue an
order allowed by Rule 26.03 of the Rules of Civil Procedure for the district
courts. An insurer seeking to require attendance for the requested examination
may file a motion to compel attendance under part
1420.2250.
Subp. 8.
Disclosure of surveillance
evidence.
A. A party possessing
relevant surveillance evidence must disclose the existence of said evidence to
opposing parties upon discovery demand but no later than 30 days prior to the
hearing date, or within five business days of the date it is obtained if the
evidence is obtained within 30 days of the hearing date. The surveillance
evidence must be disclosed at least five business days before a hearing. If a
party offers undisclosed surveillance, it is only admissible where the
proponent makes an offer of proof to the judge and establishes that admission
of the undisclosed surveillance is vital to prevent a miscarriage of justice or
fraud.
Surveillance evidence under this part includes any
photographic, video, digital, motion picture, or other electronic recording or
depiction of a party surreptitiously taken or obtained without the party's
expressed permission or knowledge. If the items described in this subpart were
not surreptitiously obtained, they are not considered surveillance evidence.
Surveillance evidence does not include the personal observations of an
investigator or witness or party whether surreptitiously obtained or not, or
the handwritten or recorded notes of observations. Surveillance evidence
includes surveillance reports.
B. At the time of disclosure of the existence
of surveillance evidence under this subpart, the party disclosing evidence
shall provide a copy of the evidence to the attorney representing the subject
of the surveillance, or where the subject is unrepresented, to the subject, and
shall advise the other parties of the existence of surveillance. A copy of the
surveillance shall be presumed to have been disclosed when sent by first class
mail upon posting or delivered by messenger. In the case of surveillance
evidence disclosed within ten days of the hearing date, disclosure shall be by
messenger under this rule and not by first class mail. Where an edited version
of surveillance is disclosed, the subject of the surveillance may request the
right to view or inspect the unedited version or to be provided with a copy of
the unedited version at the insurer's expense.
Statutory Authority: MS s
14.51;
176.081;
176.155;
176.285;
176.312;
176.361;
176.83
