Or. Admin. Code § 438-007-0005

Current through Register Vol. 63, No. 10, October 1, 2024

Section 438-007-0005 - Medical and Vocational and Other Documentary Evidence

(1) To avoid unnecessary delay and expense medical evidence should be presented in the form of written reports and should include:

(a) History of the injury or disease;

(b) Pertinent medical history;

(c) Present complaints;

(d) All sources of history and complaints;

(e) Date of examination;

(f) Findings on examination;

(g) Impairment of physical or mental function including loss of reserve capacity;

(h) Restrictions of activities, such as lifting, bending, twisting, sitting, standing and repetitive use;

(i) Cause of the impairment and opinion whether the impairment is all or in part work related;

(j) Medical treatment indicated;

(k) Likelihood of permanent impairment and opinion whether the condition is likely to change; and

(l) The reason for the opinion.

(2) The insurer or self-insured employer may subpoena the claimant's attending or consulting physician(s) and vocational expert(s) for cross-examination. Medical, surgical, hospital and vocational reports offered by the insurer or self-insured employer will also be accepted as prima facie evidence provided the insurer or self-insured employer agrees to produce the medical and vocational expert(s) for cross-examination upon request of the claimant. The reports of any medical or vocational expert who has refused to make themself available for cross-examination shall be excluded from the record unless good cause is shown why such evidence should be received. The cost of cross-examination of any medical or vocational expert(s) under this section shall be paid by the insurer or self-insured employer.

(3) To avoid unnecessary cost and delay, the Board encourages the use of written interrogatories or depositions to secure medical or vocational expert testimony.

(4) The Administrative Law Judge may appoint a medical or vocational expert to examine the claimant and to file a report with the Administrative Law Judge. The parties may also agree in advance to be bound by such expert's findings. The cost of examination and reports under this rule shall be paid by the insurer.

Or. Admin. Code § 438-007-0005

WCB 1-1984, f. 4-5-84, ef. 5-1-84; WCD 2-1987(Temp), f. 4-13-87, ef. 4-15-87; WCB 1-1987, f. 3-4-87, ef. 4-15-87; Reverted to WCB 1-1987, f. 3-4-87, ef. 4-15-87; WCB 4-1987, f. 11-6-87, ef. 11-16-87; WCB 5-1987, f. 12-18-87, ef. 1-1-88; WCB 1-1997, f. 3-20-97, cert. ef. 7-1-97; WCB 2-2013, f. 12-10-13, cert. ef. 4-1-14; WCB 10-2022, minor correction filed 03/15/2022, effective 3/15/2022

Statutory/Other Authority: ORS 656.307, 656.388, 656.593 & 656.726(4)

Statutes/Other Implemented: ORS 656.287 & 656.310(2)