(a)
The following exhibits shall be filed only at the time of trial:
(1) Oversized documents, other than medical
reports, that are:
(A) Larger than 11 x 17
inches (e.g., maps, diagrams and schematic drawings); and
(B) Over 25 pages in
length;
(2) Diagnostic
imaging, including but not limited to any X-ray, computed axial tomography
(CAT) scan, magnetic resonance imaging (MRI), nuclear medicine, positron
emission tomography (PET) scan, mammography, ultrasound or other similar
medical imaging that is stored on digital, film or other non-paper
media;
(3) Original business or
office records;
(4) Physical
objects or other tangible things;
(5) Any CD-ROM, DVD or other digital media,
including but not limited to:
(A) Digital
photographs;
(B) Digital video
recordings; and
(C) Digital audio
recordings;
(6)
Videotapes, audiotapes, films and other non-digital video and/or audio
recordings or images; and
(7)
Photographs printed on paper.
(b) Unless otherwise ordered by the Workers'
Compensation Appeals Board, any exhibit listed in subdivision (a) that is
offered into evidence (whether or not admitted into evidence) shall be retained
by the filing party (or an agent of the filing party) until the later of
either:
(1) Five years after the filing of the
initial Application for Adjudication of Claim (or other case opening document);
or
(2) At least six months after
all appeals have been exhausted or the time for seeking appellate review has
expired with respect to the decision on the issue(s) for which the exhibit was
offered in evidence.
After expiration of the later of these two time periods,
the party may destroy the exhibit, unless the Workers' Compensation Appeals
Board has ordered that the exhibit be preserved for a longer
period.
(c) Before
and during the period of retention, the filing party shall:
(1) Maintain the exhibit under conditions
that will protect it against loss, destruction or tampering, and that will
preserve its quality and integrity as far as practicable;
(2) At the request of any other party to the
action, promptly permit the party to inspect or view the exhibit; and
(3) At the request of any other party to the
action, and if practicable, promptly furnish the party a copy of the exhibit or
promptly permit the party to make a copy.
For purposes of subsection (c), the term "exhibit" shall
include any item listed in subsection (a), whether or not the party in
possession or control of that item intends to offer it in
evidence.
(d) Any
disputes regarding subdivision (c), including but not limited to issues of
timing and costs, may be submitted for determination to the Workers'
Compensation Appeals Board.