Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 2 - Procedural Rules › Rule 20-1-2.9 - Introduction of Evidence and Discovery

Current through June 25, 2024
All testimony and documentary evidence shall be presented at
				  the evidentiary hearing before the Administrative Judge. The hearing shall be
				  stenographically reported or recorded. The Commission has discretion to admit
				  any additional evidence offered on review. A motion to introduce additional
				  evidence must be made in writing at least five (5) days before the date of the
				  Commission's review hearing. The motion shall state with particularity the
				  nature and need for such evidence, and the reason it was not introduced at the
				  evidentiary hearing. If additional evidence is admitted, it shall be
				  stenographically reported or recorded and become a part of the record.
Depositions may be taken and discovery had by any party in
				  accordance with the Mississippi Rules of Civil Procedure relating to
				  depositions and discovery (Rules 26 - 37) except as specifically amended by the
				  Commission Rules.
INTERROGATORIES; REQUESTS FOR PRODUCTION. Interrogatories to
				  parties, responses to interrogatories, requests for production of documents and
				  things, and the responses to requests for production shall be served upon other
				  counsel or parties per Rules 33 and 34 of the Mississippi Rules of Civil
				  Procedure, respectively. The interrogatories, requests for production, and
				  responses shall not be filed with the Commission, but the party serving the
				  discovery requests or responses shall file a copy of the transmittal letter
				  with the Commission.
DEPOSITIONS. Medical deposition transcripts shall be filed
				  with the Commission. Deposition transcripts other than medical depositions
				  shall not be filed with the Commission.
REQUESTS FOR ADMISSION. Requests for admissions and responses
				  to requests for admission (Rule 36 of the Mississippi Rules of Civil Procedure)
				  shall be filed with the Commission.
MEDICAL RECORDS AND AFFIDAVITS. Parties in controverted
				  claims shall exchange medical records upon receipt. They are encouraged to
				  admit into evidence medical records of claimant's treatment for the injury
				  alleged in the Petition to Controvert. Absent agreement, the medical records of
				  examining or treating physicians, including narrative office notes, reports
				  dictated by the physician in the ordinary course of his or her practice, CMS
				  1500 forms, and other records composed by the physician in his or her practice,
				  may be introduced into evidence in lieu of direct testimony taken at the
				  hearing or by deposition upon the following conditions. The records shall not
				  contain narrative reports composed by attorneys which require only the
				  signature of the medical providers.
All medical records filed with the Commission, whether
				  attached to a Motion, Response to Motion, Prehearing Statement, or submitted at
				  a hearing or otherwise, shall be paginated and arranged in chronological order.
				  Failure to do so may constitute unreasonable delay in the proceedings and
				  subject the party to sanctions by the Commission.
1. The party wishing to introduce such
				medical records shall notify opposing parties and the Commission in writing at
				least thirty (30) days before the scheduled hearing. The Prehearing Statement
				may suffice as notification under this Rule.
2. A copy of the medical records shall be
				attached to the written notice. Each set of medical records shall be presented
				in chronological order and paginated.
3. An attorney offering the medical
				records/reports shall attach to the records/reports his or her attested
				statement that
a. the records/reports are a
				true, correct, and complete copy of the records/reports received from the
				medical provider, or
b. opposing
				counsel agreed that only the attached excerpts from the medical provider's
				records/reports are needed to address the contested issues.