onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

California Labor Code Section 5703

Legal Research Home > California Laws > Labor Code > California Labor Code Section 5703

5703.  The appeals board may receive as evidence either at or
subsequent to a hearing, and use as proof of any fact in dispute, the
following matters, in addition to sworn testimony presented in open
hearing:
   (a) Reports of attending or examining physicians.
   (1) Statements concerning any bill for services are admissible
only if made under penalty of perjury that they are true and correct
to the best knowledge of the physician.
   (2) In addition, reports are admissible under this subdivision
only if the physician has further stated in the body of the report
that there has not been a violation of Section 139.3 and that the
contents of the report are true and correct to the best knowledge of
the physician. The statement shall be made under penalty of perjury.
   (b) Reports of special investigators appointed by the appeals
board or a workers' compensation judge to investigate and report upon
any scientific or medical question.
   (c) Reports of employers, containing copies of timesheets, book
accounts, reports, and other records properly authenticated.
   (d) Properly authenticated copies of hospital records of the case
of the injured employee.
   (e) All publications of the Division of Workers' Compensation.
   (f) All official publications of the State of California and
United States governments.
   (g) Excerpts from expert testimony received by the appeals board
upon similar issues of scientific fact in other cases and the prior
decisions of the appeals board upon similar issues.
   (h) Relevant portions of medical treatment protocols published by
medical specialty societies. To be admissible, the party offering
such a protocol or portion of a protocol shall concurrently enter
into evidence information regarding how the protocol was developed,
and to what extent the protocol is evidence-based, peer-reviewed, and
nationally recognized. If a party offers into evidence a portion of
a treatment protocol, any other party may offer into evidence
additional portions of the protocol. The party offering a protocol,
or portion thereof, into evidence shall either make a printed copy of
the full protocol available for review and copying, or shall provide
an Internet address at which the entire protocol may be accessed
without charge.
   (i) The medical treatment utilization schedule in effect pursuant
to Section 5307.27 or the guidelines in effect pursuant to Section
4604.5.
   (j) Reports of vocational experts. If vocational expert evidence
is otherwise admissible, the evidence shall be produced in the form
of written reports. Direct examination of a vocational witness shall
not be received at trial except upon a showing of good cause. A
continuance may be granted for rebuttal testimony if a report that
was not served sufficiently in advance of the close of discovery to
permit rebuttal is admitted into evidence.
   (1) Statements concerning any bill for services are admissible
only if they comply with the requirements applicable to statements
concerning bills for services pursuant to subdivision (a).
   (2) Reports are admissible under this subdivision only if the
vocational expert has further stated in the body of the report that
the contents of the report are true and correct to the best knowledge
of the vocational expert. The statement shall be made in compliance
with the requirements applicable to medical reports pursuant to
subdivision (a).

Section: Previous  5700  5701  5702  5703  5703.5  5704  5705  5706  5707  5708  5709  5710  Next

Last modified: March 17, 2014