The filing of a document does not signify its receipt in
evidence and, except for the documents listed in rule 10803, only those
documents that have been received in evidence shall be included in the record
of proceedings on the case.
(a)
Certified copies of reports or records of any governmental agency, division or
bureau shall be admissible in evidence in lieu of the original reports or
records.
(b) The Workers'
Compensation Appeals Board may decline to receive in evidence:
(1) Any document not listed on the Pre-Trial
Conference Statement.
(2) Any
document not served at or prior to the mandatory settlement conference, unless
good cause is shown.
(3) Any
document not filed 20 days prior to trial, unless otherwise ordered by a
workers' compensation judge or good cause is shown.
(4) Any physician's report that does not
comply with Labor Code section 4628 unless good cause has been shown for the
failure to comply and, after notice of non-compliance, compliance takes place
within a reasonable period of time or within a time prescribed by the workers'
compensation judge.
(5) Any report
that does not comply with the verification requirements of Labor Code section
5703(a)(2) or 5703(j)(2).
(c) Except as provided by rule 10677(a), no
"original" business records, medical records or other documentary evidence
shall be filed with the Workers' Compensation Appeals Board. Only a photocopy
or other reproduction of an original document shall be filed.
(d) Where a willful suppression of evidence
is shown to exist, it shall be presumed that the evidence would be adverse, if
produced.
Notes
Cal. Code Regs. Tit. 8, §
10670
1. New
article 11 heading and new section filed 12-17-2019; operative 1-1-2020.
Submitted to OAL for printing only pursuant to Government Code section 11351
(Register 2019, No. 51).
2. New subsection (c), repealer of
subsection (d) and subsection relettering filed 12-15-2021; operative 1-1-2022
pursuant to Government Code section 11343.4(b)(3). Submitted to OAL for filing
and printing only pursuant to Government Code section 11351 (Register 2021, No.
51).
Note: Authority cited: Sections
133,
5307, 5309 and 5708, Labor Code.
Reference: Sections
126, 4628, 5316,
5500,
5501, 5703, 5708 and 5813, Labor
Code.
1. New
article 11 heading and new section filed 12-17-2019; operative
1/1/2020.
Submitted to OAL for printing only pursuant to Government Code section 11351
(Register
2019, No. 51).
2. New subsection (c), repealer of
subsection (d) and subsection relettering filed 12-15-2021; operative
1/1/2022 pursuant
to Government Code section 11343.4(b)(3). Submitted to OAL for filing and
printing only pursuant to Government Code section 11351 (Register
2021, No. 51).