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Chapter 4.5. Division of Workers' Compensation
Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
Article 11. Evidence
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§ 10670. Documentary Evidence.
The filing of a document does not signify its receipt in evidence and, except for the documents listed in rule 10803, only those documents that have been received in evidence shall be included in the record of proceedings on the case.
(a) Certified copies of reports or records of any governmental agency, division or bureau shall be admissible in evidence in lieu of the original reports or records.
(b) The Workers' Compensation Appeals Board may decline to receive in evidence:
(1) Any document not listed on the Pre-Trial Conference Statement.
(2) Any document not served at or prior to the mandatory settlement conference, unless good cause is shown.
(3) Any document not filed 20 days prior to trial, unless otherwise ordered by a workers' compensation judge or good cause is shown.
(4) Any physician's report that does not comply with Labor Code section 4628 unless good cause has been shown for the failure to comply and, after notice of non-compliance, compliance takes place within a reasonable period of time or within a time prescribed by the workers' compensation judge.
(5) Any report that does not comply with the verification requirements of Labor Code section 5703(a)(2)or 5703(j)(2).
(c) Where a willful suppression of evidence is shown to exist, it shall be presumed that the evidence would be adverse, if produced.
(d) The remedies in this rule are cumulative to others authorized by law.
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 126, 4628, 5316, 5500, 5501, 5703, 5708 and 5813, Labor Code.
1. New article 11 heading and new section filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).
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