Or. Admin. Code § 438-007-0018 - Exchange and Admission of Exhibits at Hearing
(1) Not later than 28 days before the
hearing, the insurer or self-insured employer shall provide the claimant and
other insurer or self-insured employer legible copies of all documents that are
relevant and material to the matters in dispute in the hearing, together with
an index. The index shall include the document numbers, description of each
document, author, number of pages and date of the document. The documents shall
be arranged in chronological order and numbered, in Arabic numerals, in the
lower right corner of each page, beginning with the document of earliest date.
The numbers shall be preceded by the designation "Ex," and pagination of
multiple-page documents shall be designated by a hyphen followed by the page
number. For example, page two of document two shall be designated "Ex 2-2." A
physician's chart notes constitute a multi-page document to the extent that the
date of each individual chart note is subsequent to the date of the preceding
exhibit and is earlier than the date of the next exhibit. However, for
deposition transcripts, only the cover page of the deposition need be numbered;
i.e., "Ex. 3."
(2) Not less than 14
days before the hearing, or within seven days of receipt of the insurer
document index and documents, whichever is later, the claimant shall provide
the insurer(s) or self-insured employer(s) legible copies of any additional
documents that are relevant and material to the matters in dispute in the
hearing. The additional documents shall be marked and accompanied by a
supplemental document index, prepared in the same manner as the insurer
documents and index and numbered to coincide in chronological order with the
insurer's documents. Letter subdesignations shall be used to ensure
chronological numbering. For example, a document which is chronologically
between documents six and seven of the insurer documents shall be designated
"Ex 6A."
(3) Before or at the
hearing, the parties shall delete from their indexes and packets of documents
those documents which are cumulative, or which no party can in good faith
represent to be relevant and material to the issues, and the revised indexes
and packets of documents shall be submitted to the Administrative Law Judge.
For compliance with this rule, it is sufficient for the parties to mark neatly
through the index description of the documents not being offered in evidence
with ink, and to remove the corresponding documents from the packets submitted
to the Administrative Law Judge.
(4) Filing of the documents described in
section (1) shall not establish that:
(a) The
insurer or self-insured employer is the sponsor for each of these documents for
purposes of admission into the evidentiary record; or
(b) The claimant is automatically entitled to
cross-examine the author of any document filed by the insurer or self-insured
employer under section (1).
(5) Subject to ORS
656.287(l), at
the hearing the Administrative Law Judge may in their discretion allow
admission of additional medical reports or other documentary evidence not
disclosed as required by OAR
438-007-0015. In the exercise of
this discretion, the Administrative Law Judge shall determine whether material
prejudice has resulted from the timing of the disclosure and, if so, whether
there is good cause for the failure to timely disclose that outweighs any
prejudice to the other party or parties. Following a finding of material
prejudice, the Administrative Law Judge may exclude a document or continue the
hearing for such action as is appropriate to cure the material prejudice caused
by the late disclosure of the document.
Notes
Statutory/Other Authority: ORS 656.726(5)
Statutes/Other Implemented: ORS 656.726(5)
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