Chapter 4.5. Division of Workers' Compensation
Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
Article 11. Evidence

§ 10680. Reproductions of Documents.

(a) It is presumed a filed photocopy is an accurate representation of the original document. If a party 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.

(b) 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.

(c) 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.

Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5708, Labor Code; and Section 1270, Evidence Code.

HISTORY

1. Renumbering of former section 10605 to section 10680, including amendment of section and Note, filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).