Okla. Admin. Code § 810:10-5-49
Current through Vol. 42, No. 4, November 1, 2024
Section 810:10-5-49 - Rules of evidence(a)Generally. The Commission and Administrative Law Judges and are not bound by technical or statutory rules of evidence or procedure, 85A O.S. § 72(A).(b)Presentation of evidence. At the hearing, an opportunity shall be afforded all parties to present evidence and argument with respect to matters and issues involved, although the argument may be restricted to a presentation in written form, to cross-examine witnesses who testify, and to submit rebuttal evidence. During a hearing, irrelevant, immaterial, or unduly repetitious evidence shall be excluded.(c)Taking official notice. The Administrative Law Judge may take official notice of the law of Oklahoma and other jurisdictions, facts that are judicially cognizable, and generally recognized facts within the Commission's specialized knowledge; provided all parties shall be notified either before or during the hearing of the material so noticed, and they shall be afforded an opportunity to contest the facts so noticed.(d)Documents.(1) A photographic copy of a document which is on file as part of the official records of the Commission will be received without further authentication.(2) A photographic copy of a public record certified by the official custodian thereof will be received without further authentication. A written statement by such custodian of records that no record or entry of described character is found in his records shall be received as proof of absence of such record.(3) A photographic copy of a document may be substituted for the original at the time the original is offered in evidence.(4) A document may not be incorporated in the record by reference except by permission of the Commission or Administrative Law Judge. Any document so received must be precisely identified.(5) The Commission or Administrative Law Judge may require that additional copies of exhibits be furnished for use by other parties of record.(6) When evidence is offered which is contained in a book or document containing material not offered, the person offering the same shall extract or clearly identify the portion offered.(7) The Commission or Administrative Law Judge may permit a party of record to offer a document as part of the record within a designated time after conclusion of the hearing.(e)Witnesses. All witnesses who appear to testify during a hearing shall first be subject to oath or affirmation and any testimony submitted by deposition shall show on the face thereof that the witness was so qualified.(f)Prepared testimony. Except as otherwise provided in Subsection (g) and (h) of this Section, written testimony of a witness in the form of a notarized affidavit may be received in lieu of direct examination.(g)Expert medical testimony.(1) Expert medical testimony may be offered by: (A) a written medical report of the physician;(C) oral examination before the Commission or Administrative Law Judge.(2) Medical opinions addressing compensability and permanent disability must be stated within a reasonable degree of medical certainty. Medical opinions concerning the existence or extent of permanent disability must be supported by competent medical testimony of a physician described in 85A O.S. § 45(C)(1) and shall be supported by objective findings as described in 85A O.S. § 2(31). The medical testimony must include the employee's percentage of permanent partial disability and whether or not the disability is job-related and caused by the accidental injury or occupational disease or illness.(3) The fact that the medical report constitutes hearsay shall not be grounds for its exclusion.(4) Objection to and request for cross-examination of a Commission appointed independent medical examiner is governed by 85A O.S. § 112(J). The claimant is responsible for scheduling the deposition regardless of which party asserted the objection. The respondent shall choose the court reporter.(5) Objection to and request for cross-examination of a physician, other than a Commission appointed independent medical examiner, must be made in writing to all parties within ten (10) days after receipt of the physician's report. The party requesting the deposition testimony is responsible for the physician's reasonable charges for such testimony, preparation time and deposition expenses. Arrangements for the deposition shall be made by the offering party.(h)Objections to medical evidence. Unless an objection is timely made, it shall be waived. Any legally inadmissible evidence that stands admitted without objection shall be regarded as admitted as part of the proof in the case. (1) The fact that the medical report constitutes hearsay shall not be grounds for its exclusion.(2) Objection to and request for cross-examination of a Commission appointed independent medical examiner is governed by 85A O.S. § 112(J). The claimant is responsible for scheduling the deposition regardless of which party asserted the objection. The respondent shall choose the court reporter.(3) Objection to and request for cross-examination of a physician, other than a Commission appointed independent medical examiner, must be made in writing to all parties within ten (10) days after receipt of the physician's report. The party requesting the deposition testimony is responsible for the physician's reasonable charges for such testimony, preparation time, and deposition expenses. Arrangements for the deposition shall be made by the offering party.(4) All challenges to the legal sufficiency of the opposing party's evidence shall be made by specific objection at the time of trial.(5) Except as otherwise provided in this subsection, an objection to medical testimony offered by a signed, written, verified, or declared medical report, shall be interposed at the time it is offered into evidence, if on the grounds that it: (A) is based on inaccurate or incomplete history or is otherwise without probative value; or(B) does not properly evaluate claimant's impairment or disability, as the case may be, in accordance with the Administrative Workers' Compensation Act.(6) When a timely made objection to offered evidence is sustained, the offering party shall be given the opportunity to elect whether to stand on the evidence offered or be given a chance to cure the defect, unless the Commission finds the defect resulted from bad faith or for the purpose of delay.(i)Vocational rehabilitation and case management evidence.(1) Testimony of a vocational rehabilitation expert or medical case manager may be offered by: (A) a written report of the vocational rehabilitation expert or medical case manager, as appropriate;(C) oral examination before the Commission or Administrative Law Judge.(2) The fact that the report constitutes hearsay shall not be grounds for its exclusion.(3) Objection to and request for cross-examination of a Commission appointed vocational rehabilitation evaluator or Commission appointed medical case manager shall be made in writing to the Commission and all parties within ten (10) days after receipt of the evaluator's or manager's report. The claimant is responsible for scheduling the deposition regardless of which party asserted the objection. The respondent shall choose the court reporter. All costs associated with the deposition shall be borne by the respondent regardless of which party asserted the objection.(j)Exhibits. All exhibits shall be identified by the case style and Commission assigned file number before being submitted.(k)Retention and retrieval of exhibits. For purposes of this part, an exhibit is a document or other evidence that is introduced at a hearing and is marked, offered, and accepted into the record by a judge as an exhibit. Exhibits must be retained by the Commission or the office for 60 days after a final decision is served and filed in the case. During this 60-day period, exhibits may be retrieved by the submitting party upon request to the Commission. If no party has retrieved the exhibits after 60 days, the exhibits will be destroyed consistent with the records disposition schedule.Okla. Admin. Code § 810:10-5-49
Adopted by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/11/2020Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021