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Chapter 4.5. Division of Workers' Compensation
Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
Article 9. Evidence and Reports
§10605. Reproductions of Documents.
A nonerasable optical image reproduction provided that additions, deletions, or
changes to the original document are not permitted by the technology, a photostatic,
microfilm, microcard, miniature photographic, or other photographic copy or reproduction,
or an enlargement thereof, of a writing is admissible as the writing itself if
the copy or reproduction was made and preserved as a part of the records of a
business (as defined by Evidence Code Section 1270) in the regular course of that
business. The introduction of the copy, reproduction, or enlargement does not
preclude admission of the original writing if it is still in existence. The Workers'
Compensation Appeals Board may require the introduction of a hard copy printout
of the document.
A printed representation of images stored on a video or digital medium is presumed
to be an accurate representation of the images it purports to represent. This
presumption is a presumption affecting the burden of producing evidence. If a
party to an action introduces evidence that a printed representation of images
stored on a video or digital medium is inaccurate or unreliable, the party introducing
the printed representation into evidence has the burden of proving by a preponderance
of the evidence, that the printed representation is an accurate representation
of the existence and content of the images that it purports to represent.
Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5708, Labor
1. New section filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing
only pursuant to Government Code section 11351 (Register 2002, No. 51).
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