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Rule 20. Medical Evidence

Oklahoma Statutes AnnotatedTitle 85. Workers' Compensation

Oklahoma Statutes Annotated
Title 85. Workers' Compensation (Refs & Annos)
Chapter 4.--Appendix. Rules of the Workers' Compensation Court of Existing Claims
T. 85, Ch. 4, App., Rule 20
Rule 20. Medical Evidence
Currentness
A. Expert medical testimony may be offered by:
1. A verified or declared written medical report signed by the physician;
2. Deposition; or
3. Oral examination in open Court.
B. The Workers' Compensation Court, recognizing that it is costly and time-consuming to have physicians appear at trial to testify, encourages the production of medical evidence by verified or declared written medical reports. The Court encourages but does not require the report to include the following information, as applicable:
1. A complete history of the claimant, including all previous relevant or contributory injuries with a detailed description of the present injury.
2. The complaints of the claimant.
3. The physician's findings on examination, including a description of the examination and any diagnostic tests and x-rays.
4. The date and cause of the alleged injury and whether, in the physician's opinion, it is job-related.
5. The period during which the claimant was temporarily and totally disabled and, if such temporary total disability has ended, the date on which it ended. If temporary total disability continues at the time of the report, the physician should so state.
6. A finding which apportions the percentage of claimant's pre-existing permanent partial impairment, if any.
7. Whether the claimant is capable of returning to light duty or full duty work, and what physical restrictions, if any, should be imposed on the claimant, either temporarily or permanently.
8. Whether the claimant has reached maximum medical improvement.
9. Whether the claimant is able to return to the claimant's former employment or is a candidate for vocational rehabilitation.
10. Whether the claimant is in need of continuing medical care, and if so, the type of continuing medical care needed.
11. The existence or extent of any permanent impairment.
12. An apportionment of injury causation.
13. Any other detailed factors upon which the physician's evaluation of permanent impairment is based.
C. Medical opinions addressing compensability and permanent impairment must be stated within a reasonable degree of medical certainty. Medical opinions concerning the existence or extent of permanent impairment must be supported by objective medical evidence of permanent anatomical abnormality or loss of use, and, in appropriate cases, may include medical evidence that the ability of the employee to earn wages at the same level as before the injury has been impaired. Medical opinions supporting employment as the major cause of occupational disease or age-related deterioration or degeneration, must be supported by objective medical evidence. “Objective medical evidence” includes medical testimony that rests on reliable scientific, technical or specialized knowledge, and assists the Court to understand the evidence or to determine a fact in issue.
D. The medical report must be verified or contain a written declaration, made under the penalty of perjury, that the report is true. The following form of declaration is suggested: “I declare under penalty of perjury that I have examined this report and all statements contained herein, and to the best of my knowledge and belief, they are true, correct and complete.”
E. A claim for compensation for permanent disability must be supported by competent medical testimony which shall be supported by objective medical evidence and which shall include an evaluation by a physician, stating an opinion of the claimant's percentage of permanent impairment and whether or not the impairment is job-related and caused by the accidental injury or occupational disease. The treating physician's evaluation, if any, shall be issued within fourteen (14) calendar days of the treating physician's release of the injured worker from active medical treatment and shall be sent by the treating physician to the parties within seven (7) calendar days of issuance. Unless the treating physician's evaluation is sent to the parties as required by this rule, there shall be deemed to be no treating physician evaluation.
F.1. Upon receipt of the physician's medical report, the party-recipient may object to the hearsay nature of the report and request cross-examination of the physician by deposition. Written notice of the objection must be given to all parties and to the Court within ten (10) days of receipt of the report or such objection shall be deemed waived.
2. All other objections to the medical report shall be raised at the time of trial or shall be waived.
G. Within ten (10) days after a hearsay objection and request for cross-examination, arrangements for the taking of the physician's deposition shall be made by the offering party; provided, however, if the objection is to an independent medical examiner's report, arrangements for the deposition and payment of such physician's costs shall be made as provided in Rule 28(D). Except in the case of a court-appointed independent medical examiner, the party requesting the deposition testimony of any such physician, shall be responsible for the reasonable charges of the physician for such testimony, preparation time, and the expense of the deposition.

Credits

Adopted July 12, 1990, effective November 1, 1990. Amended June 22, 1995, effective July 1, 1995; September 29, 1997, effective November 1, 1997; February 22, 2000, effective April 15, 2000; May 29, 2001, effective July 1, 2001; January 22, 2002, effective March 1, 2002. Corrected effective February 6, 2002. Amended effective January 30, 2006; February 7, 2008; March 6, 2012.
Workers' Compensation Rule 20, 85 O. S. A. Ch. 4, App., OK ST WORK COMP Rule 20
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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