My Favorite Labor Code Section
| Citation | Vol. 30 No. 3 |
| Publication year | 2017 |
| Author | ROBERT G. RASSP, ESQ. |
ROBERT G. RASSP, ESQ.
A number of years ago a colleague of mine visited me at my vacation home. In fact, he and his wife visited us there every six months for 15 years. In any event, on a glorious 4th of July weekend, we were sitting on our balcony overlooking the National Forest, and in the midst of too many scotches, I asked him if he knows that there is a Labor Code section that says prior decisions of WCAB panels are admissible on similar issues. That question sparked an argument. After all, what are friends for?
My friend then asked if I had my Labor Code at the house. I said "Yes," and I asked him if he had actually brought his copy on his vacation, and of course he also said "Yes." Who among us brings our Labor Code with us while on vacation? In any event, we stumbled downstairs, with me running down to my office and he making his way to the guest room to each retrieve our respective copies of the "Blue Book," aka Workers' Compensation Laws of California (LexisNexis). As if his copy were different from mine. I then opened my book to Labor Code section 5703, my favorite Labor Code section, and read it to him as follows:
The appeals board may receive as evidence either at or subsequent to a hearing, and use as proof of any fact in dispute, the following matters, in addition to sworn testimony presented in open hearing:...
(a) Reports of attending or examining physicians.
(1) Statements concerning any bill for services are admissible only if made under penalty of perjury that they are true and correct to the best knowledge of the physician.
(2) In addition, reports are admissible under this subdivision only if the physician has further stated in the body of the report that there has not been a violation of Section 139.3 and that the contents of the report are true and correct to the best knowledge of the physician. The statement shall be made under penalty of perjury.
(b) Reports of special investigators appointed by the appeals board or a workers' compensation judge to investigate and report upon any scientific or medical question.
(c) Reports of employers, containing copies of timesheets, book accounts, reports, and other records properly authenticated.
(d) Properly authenticated copies of hospital records of the case of the injured employee.
(e) All publications of the Division of Workers' Compensation.
(f) All official publications of the State of California and United States governments.
(g) Excerpts from expert testimony received by the appeals board upon similar issues of scientific fact in other cases and the prior decisions of the appeals board upon similar issues.
(h) Relevant portions of medical treatment protocols published by medical specialty societies. To be admissible, the party offering such a protocol or portion of a protocol shall concurrently enter into evidence information regarding how the protocol was developed, and to what extent the protocol is evidence-based,
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