a-z indexroundtableArticles & Editorialsmarketplacemeet the publisherscontactsearch
home
  A-Z Index
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

WITNESSES

In California, witnesses are usually read and not seen or heard at Workers' Compensation Appeals Board proceedings. That is, their testimony is received in writiten reports or deposition transcripts. Exceptions are when injury AOE-COE is in dispute, or when surveillance video is presented, or when there is a 132a or serious and willful trial. 

Expert medical and vocational testimony is submitted in writing (see Evidence, LC §5703 and 8 CCR §10606).

The Workers' Compensation Judge is not bound by the common law or statutory rules of evidence and procedure (LC §5708), but testimony is taken under oath and basic rules of evidence apply.

See. too, Mandatory Settlement Conference


Label Item Links Comments
Labor Code The Labor Code's evidence section allows "sworn testimony presented in open hearing."
LC §5703  
  Witnesses must be identified at the time of the Mandatory Settlement Conference and their identity noted on the Pre-Trial Conference Statement Form.
See WCAB Policy and Procedural Manual
LC §5502  
Regulations/Rules Direct examination of a medical witness will not be received at a trial except upon a showing of good cause 8 CCR §10606  
  The WCAB favors the production of medical evidence in the form of written reports. 8 CCR §10606  
Forms Declaration template Declaration Template (Word doc)   
Websites    
Practice Tips The days are long gone when doctors prowled the Board hallways waiting to testify. Whatever you need them to explain, get it in writing before the MSC. Vocational experts will soon no longer cool their heels at the Board: see Vocational Experts and also LC §5703.

Consider using declarations (see article below) to preserve testimony, prepare offers of proof, etc.
   
Articles Discovery of Witness Statements by Mark Kahn (Associate Chief Judge, Retired) Witness Statements  
Magazine Articles How to Use Declarations by Marjory Harris, Esq. Declarations
 
Roundtable    
Miscellaneous      

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z