Section 351-12-11 - Work Search, Labor Market, and Surveillance EvidenceThe following rules apply to cases involving work search, labor market or surveillance evidence.
1. No later than 30 days after mediation or the filing of a petition, whichever is later, the employee shall provide the employer with the work search or labor market evidence that the employee intends to introduce into evidence. It is recommended the employee use a standardized Workers' Compensation Board work search log and shall include, at a minimum, names of prospective employers, dates of application, responses to the application, if any, and whether the application was submitted in person, by mail, electronically, or by some other means.2. No later than 21 days after receipt of information provided pursuant to subsection 1, the employer shall provide the employee with the labor market evidence that the employer intends to introduce into evidence.3. Work search and labor market evidence developed or obtained after the deadlines set forth in subsections 1 and 2 of this section shall be exchanged no later than 7 days before the hearing.4. Except as provided in subsection 5 of this section, regardless of whether the employer intends to offer the surveillance information into evidence, the employer shall provide the surveillance information to the employee as follows: A. The employer shall provide all surveillance information to the employee developed since the date of injury, or since the last decree, whichever period is shorter, in connection with the claim and provide an affirmation that all surveillance information has been provided. The employer shall provide the surveillance to the employee within 14 days after the employer receives the information from the employee under subsection 8(1) of this chapter or Appendix II, and in no event later than 7 days before the hearing.B. For surveillance information obtained by the employer before the submission of the Joint Scheduling Memo, the employer shall provide that information to the employee within 14 days after the employer receives information from the employee under subsection 8(1) of this chapter or Appendix II.C. For surveillance information obtained by the employer after the submission of the Joint Scheduling Memo, the employer shall provide surveillance information to the employee no later than 14 days after the employer receives that information, and, in no event, later than 7 days before the hearing.5. The employer may file a motion to stay production of surveillance information with the Executive Director prior to the production deadlines established in subsection 3 of this section. The motion must include all surveillance information. The employer shall file a cover letter with the motion, a copy of which the employer shall timely provide to the employee and the Administrative Law Judge. The employer is not required to provide a copy of the motion or the surveillance information to the employee or the Administrative Law Judge. The Executive Director, or the Executive Director's designee, may, if there are significant inconsistencies with information provided by the employee pursuant to these Rules, allow the employer to defer providing the surveillance information to the employee until immediately after the employee's sworn testimony. The Executive Director, or the Executive Director's designee, shall act upon motions filed under this subsection no later than 14 days after their receipt.90- 351 C.M.R. ch. 12, § 11