1. A. A party filing a medical report or hospital record into evidence (“medical report”) that is not already contained in the Commission’s claims file, shall file the medical report with the presiding administrative law judge at least 25 days before the first scheduled hearing.
2. B. However, a party adverse to a party who schedules a medical examination may offer into evidence the report of any medical examination as provided in subsection (A) or within five days after the adverse party receives the report, subject to the right of cross-examination by the party who scheduled the examination.
3. C. A party filing into evidence a document, report, instrument, or other matter not described in subsection (A) (“nonmedical report”) that is not already contained in the Commission’s claims file, shall file the non-medical report with the presiding administrative law judge at least 15 days before the first scheduled hearing.
4. D. The party filing a medical or non-medical report into evidence shall serve a copy of the report to all other parties.
5. E. A presiding administrative law judge shall not receive into evidence any medical or non-medical report that is not filed as required under this Section. If the report has been placed in the Administrative Hearing file, the presiding administrative law judge shall remove the report from the Administrative Hearing file and return the report to the filing party.

6. F. Notwithstanding subsection (E), the presiding administrative law judge may suspend the requirements of this Section;

   1. 1. Upon a showing of good cause; or
   2. 2. If the parties agree that the judge may accept the medical or non-medical report into evidence.

7. G. The party filing a medical or non-medical report under this Section shall file a cover letter with the report stating:

   1. 1. The party’s identity;
   2. 2. The reports filed; and
   3. 3. Proof of service of the reports upon the other parties.
8. H. A party seeking to cross-examine the author of any medical or non-medical report filed into evidence shall request a subpoena under R20-5-209.
9. I. If a party fails to timely request a subpoena under this Section and R20-5-209, the party waives the right to cross-examine the author of any medical or non-medical report filed into evidence and the presiding administrative law judge shall admit the medical or non-medical report in evidence.

Historical Note

Former Rule XXIII. Section repealed effective July 6, 1993 (Supp. 93-3). R20-5-223 recodified from R4-13-223 (Supp. 95-1). New Section adopted October 9, 1998 (Supp. 98-4). Section repealed by final rulemaking at 28 A.A.R. 3435 (October 28, 2022), with an immediate effective date of October 5, 2022 (Supp. 22-4). New Section R20-5-223 renumbered from R20-5-155 and amended by final rulemaking at 31 A.A.R. 4199 (October 31, 2025), effective December 6, 2025 (Supp. 25-4).