North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0600 - CLAIMS ADMINISTRATION AND PROCEDURES › Section 23A .0612 - DEPOSITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Prior to a
				  hearing before a Deputy Commissioner, the parties shall confer to determine the
				  methods by which medical evidence will be submitted. The parties shall
				  stipulate in a Pre-Trial Agreement to the admission of all relevant medical
				  records, reports, and forms, as well as opinion letters from the employee's
				  health care providers with the goal of minimizing the use of post-hearing
				  depositions. The parties shall state all experts to be deposed post-hearing.
				  The parties shall certify that the parties have conferred to determine the
				  methods by which medical evidence will be submitted. If there is a disagreement
				  about the stipulation of medical evidence, the parties shall state the nature
				  and basis of the disagreement.
(b)
				  When medical or other expert testimony is requested by the parties for the
				  disposition of a case, a Deputy Commissioner or Commissioner may order expert
				  depositions to be taken on or before a day certain not to exceed 60 days from
				  the date of the hearing; provided, however, the time allowed may be enlarged or
				  shortened in the interests of justice or to promote judicial economy, or where
				  required by the Act.
(c) The
				  employer shall pay for the costs of up to two post-hearing depositions
				  requested by the employee of health care providers who evaluated or treated the
				  employee. The employer shall also bear the costs of a deposition of a second
				  opinion doctor selected jointly by the parties or ordered by the Commission
				  pursuant to
				  G.S.
				  97-25.
(d) The parties may notice depositions of
				  additional experts, and the costs thereof shall be borne by the party noticing
				  the depositions; provided, however, if a ruling favorable to the employee is
				  rendered and is not timely appealed by the employer, or the employer's appeal
				  is dismissed or withdrawn, then the employer shall reimburse the employee the
				  costs of such additional expert depositions.
(e) In claims pursuant to
				  G.S.
				  97-29(d) or cases involving
				  exceptional, unique, or complex injuries or diseases, the Commission may allow
				  additional depositions of experts to be taken at the employer's expense, when
				  requested by the employee and when necessary to address the issues in dispute,
				  in which case the employee shall state, and the Commission shall consider when
				  determining whether or not the employer shall bear the costs of such
				  depositions such factors as:
(1) the name and
				  profession of the proposed deponent;
(2) if the proposed deponent is a health care
				  provider, whether the health care provider evaluated, diagnosed or treated the
				  employee;
(3) the issue to which
				  the testimony is material, relevant and necessary;
(4) the availability of alternate methods for
				  submitting the evidence and the efforts made to utilize alternate
				  methods;
(5) the severity or
				  complexity of the employee's condition;
(6) the number and complexity of the issues
				  in dispute;
(7) whether the
				  testimony is likely to be duplicative of other evidence; and
(8) the opposing party's position on the
				  request.