Cal. Code Regs. Tit. 8, § 10682 - Physicians' Reports as Evidence
(a) The Workers' Compensation Appeals Board
favors the production of medical evidence in the form of written reports.
Direct examination of a medical witness will not be received at a trial except
upon a showing of good cause. A continuance may be granted for rebuttal medical
testimony subject to Labor Code section 5502.5.
(b) Medical reports should include where
applicable:
(1) The date of the
examination;
(2) The history of the
injury;
(3) The patient's
complaints;
(4) A listing of all
information received in preparation of the report or relied upon for the
formulation of the physician's opinion;
(5) The patient's medical history, including
injuries and conditions, and residuals thereof, if any;
(6) Findings on examination;
(7) A diagnosis;
(8) Opinion as to the nature, extent and
duration of disability and work limitations, if any;
(9) Cause of the disability;
(10) Treatment indicated, including past,
continuing and future medical care;
(11) Opinion as to whether or not permanent
disability has resulted from the injury and whether or not it is stationary. If
stationary, a description of the disability with a complete
evaluation;
(12) Apportionment of
disability, if any;
(13) A
determination of the percent of the total causation resulting from actual
events of employment, if the injury is alleged to be a psychiatric
injury;
(14) The reasons for the
opinion; and
(15) The signature of
the physician.
In death cases, the reports of non-examining physicians may be admitted into evidence in lieu of oral testimony.
(c) All
medical-legal reports shall comply with the provisions of Labor Code section
4628. Except as otherwise provided by the Labor Code and the Rules of Practice
and Procedure of the Workers' Compensation Appeals Board, failure to comply
with the requirements of this rule will not make the report inadmissible but
will be considered in weighing the evidence.
Notes
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4628, 5502.5, 5703 and 5708, Labor Code.
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