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Rule 25. Vocational Rehabilitation and Case Management 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 25
Rule 25. Vocational Rehabilitation and Case Management Evidence
A. Testimony of a vocational rehabilitation expert or medical case manager shall be presented by:
1. A written verified or declared [as defined in Rule 20(D)] report signed by the vocational rehabilitation expert or medical case manager, as appropriate;
2. Deposition; or
3. Oral examination in open Court.
B. Upon receipt of an adverse party's vocational rehabilitation evaluator's report or medical case manager's report, a court-appointed vocational rehabilitation evaluator's report, or a court-appointed medical case manager's report, the party-recipient may object to the hearsay nature of the report and request cross-examination of the evaluator or case manager by deposition. The objection to the evaluator's or case manager's report must be made within ten (10) days after receipt of the report by giving written notice to all parties and attorneys of record in the case. Unless the objection and request for cross-examination is timely made as set out in this rule, the party-recipient shall be deemed to have waived any hearsay objection to the evaluator's or case manager's report. Within ten (10) days after the objection and request for cross-examination, arrangements for the taking of the evaluator's or case manager's deposition shall be made by the offering party; provided, however, if the objection were to a court-appointed vocational rehabilitation evaluator's report or to a court-appointed medical case manager's report, arrangements for the deposition and payment of such evaluator's or case manager's costs shall be made as provided in Rule 28(D). Except in the case of court-appointed vocational rehabilitation evaluators and court-appointed medical case managers, the party requesting the deposition testimony of any such evaluator or case manager shall be responsible for the reasonable charges of the evaluator or case manager for such testimony, preparation time, and the expense of the deposition. All other objections to the competency, relevancy and probative value of the evaluator's or case manager's report shall be raised at the time of trial or shall be waived.

Credits

Formerly Rule 22, adopted July 12, 1990, effective November 1, 1990. Amended June 22, 1995, effective July 1, 1995; February 22, 2000, effective April 15, 2000; January 22, 2002, effective March 1, 2002. Corrected effective February 6, 2002. Renumbered Rule 25, amended effective January 30, 2006. Amended effective February 7, 2008.
Workers' Compensation Rule 25, 85 O. S. A. Ch. 4, App., OK ST WORK COMP Rule 25
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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