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Chapter 4.5. Division of Workers' Compensation
Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
Article 4. Filing of Documents

New Query

§ 10391. Filing of Copies of Documents. (Repealed)

(a) Except as provided by section 10603(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. All paper documents that are scanned into EAMS are destroyed after filing pursuant to section 10205.10.
(b) It is presumed the filed photocopy is an accurate representation of the original document.
(c) If a party or lien claimant alleges that a filed photocopy is inaccurate or unreliable, the party alleging the document is inaccurate or unreliable shall state the basis for the objection. The filing party must establish that the document is an accurate representation of the original document.
(d) A party or lien claimant that elects to retain the original of an exhibit or proposed exhibit need not retain the original after (1) the exhibit has been authenticated at trial; or (2) a settlement that resolves all pending issues has been approved and all appeals have been exhausted; or (3) the time for seeking appellate review has expired.
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 126 and 5500.3, Labor Code.
1. New section filed 10-14-2014; operative 1-1-2015 (Register 2014, No. 42). For prior history, see Register 2008, No. 47.

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