Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 7 - EVIDENCE - HEARINGS › Section 438-007-0018 - Exchange and Admission of Exhibits at Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(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).