Beets v. Metropolitan Life Insurance Co., 1999 OK 15

Beets injured her back while employed by Metropolitan Life Insurance Co. on Dec 24, 1994, leading to a workers' compensation claim.
The Workers' Compensation Court awarded Beets temporary total disability benefits and medical treatment on Nov 15, 1996.
Beets underwent back surgery in May 1997.
Dr. Mayoza issued an impairment report on Feb 23, 1998; Beets delivered it to the employer on Mar 3, 1998 and filed a Form 9.
Dr. Farrar evaluated Beets for the employer (Apr 30, 1998) and the employer provided the report to Beets on May 1, 1998; Beets objected on May 6, 1998 claiming late exchange.
At trial (May 7, 1998) Beets admitted Mayoza’s report; the employer’s Farrar report was admitted over timely-objection, as Beets declined to reset for 20-day exchange; the court subsequently awarded 18% impairment (17% lower back, 1% hip).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by admitting an untimely medical report	Beets argues untimely Farrar report should be excluded under Rule 19.	MetLife contends Gaines/Wright support admission of untimely report under Rule 19.	No abuse; court allowed belated medical evidence under Rule 19.

Gaines v. Sun Refinery & Marketing, 790 P.2d 1073 (Okla. 1990) (rejected jackpot rule; supports admitting belated reports to develop competent evidence)
Ed Wright Construction Co. v. McKey, 591 P.2d 302 (Okla. 1979) (recognized trial court discretion; fundamental fairness in allowing belated evidence)
Howard v. T.G. & Y. Stores, Inc., 725 P.2d 1262 (Okla. 1986) (untimely reports improper unless good cause; fairness in procedure)
Perlinger v. J.C. Rogers Constr. Co., 753 P.2d 905 (Okla. 1988) (jackpot rule; need corrective opportunity at trial or review)
LaBarge v. Zebco, 769 P.2d 125 (Okla. 1988) (each operated disc impairment minimum 5%; evidentiary nuances)