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 10685 - Vocational Experts' Reports as Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Workers' Compensation Appeals Board
					 favors the production of vocational expert evidence in the form of written
					 reports. Direct examination of a vocational expert witness will not be received
					 at a trial except upon a showing of good cause. Good cause shall not be found
					 if the vocational expert witness has not issued a report and the party offering
					 the witness fails to demonstrate that it exercised due diligence in attempting
					 to obtain a report. A continuance may be granted for rebuttal testimony if a
					 report that was not served sufficiently in advance of the close of discovery to
					 permit rebuttal is admitted into evidence.
(b) A vocational expert's written report
					 shall meet the following requirements:
(1)
					 The report shall contain a declaration by the vocational expert signing the
					 report stating: "I declare under penalty of perjury that the information
					 contained in this report and its attachments, if any, is true and correct to
					 the best of my knowledge, except as to information that I have indicated I
					 received from others. As to that information, I declare under penalty of
					 perjury that the information accurately describes the information provided to
					 me and, except as noted herein, that I believe it to be true. I further declare
					 under penalty of perjury that there has not been a violation of Labor Code
					 section
					 139.32." The
					 foregoing declaration shall be dated and signed by the vocational expert and
					 shall indicate the county wherein it was signed.
(2) The report shall disclose the
					 qualifications of the vocational expert signing the report, which may be
					 satisfied by attaching a curriculum vitae.
(3) Except as provided in subdivision (b)(4),
					 the body of the report shall contain a statement, above the declaration under
					 penalty of perjury, that: "No person, other than the vocational expert signing
					 the report, has participated in the non-clerical preparation of the report,
					 including all of the following:
(i) Taking a
					 history from the employee;
(ii)
					 Reviewing and summarizing medical and/or non-medical records; and
(iii) Composing and drafting the conclusions
					 of the report."
(4)
					 Notwithstanding subdivision (b)(3), it is permissible for a person or persons,
					 other than the vocational expert signing the report, to prepare an initial
					 outline of the employee's history and/or to excerpt prior medical and
					 non-medical records. If this is done, however, the vocational expert signing
					 the report:
(A) Shall review the excerpts and
					 the entire outline and shall make additional inquiries and examinations as are
					 necessary and appropriate to identify and determine the relevant
					 issues;
(B) Shall include in the
					 statement required by subdivision (b)(3) that, as applicable, an initial
					 outline of the employee's history and/or an excerpt of the employee's prior
					 medical and non-medical records were prepared by another person or persons and
					 that the vocational expert signing the report has reviewed any such excerpts
					 and/or outline and has made any additional inquiries and examinations necessary
					 and appropriate to identify and determine the relevant issues; and
(C) Shall comply with subdivision (b)(5),
					 below.
(5) The report
					 shall disclose the name(s) and qualifications of each person who performed any
					 services in connection with the report, including diagnostic studies, other
					 than its clerical preparation.