1. A. Expert medical testimony may be offered by:

   1. 1. A verified or declared written medical report signed by the physician;
   2. 2. Deposition; or
   3. 3. Oral examination in open Court.

2. 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. 1. A complete history of the claimant, including all previous relevant or contributory injuries with a detailed description of the present injury.
   2. 2. The complaints of the claimant.
   3. 3. The physician's findings on examination, including a description of the examination and any diagnostic tests and x-rays.
   4. 4. The date and cause of the alleged injury and whether, in the physician's opinion, it is job-related.
   5. 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. 6. A finding which apportions the percentage of claimant's pre-existing permanent partial disability, if any.
   7. 7. Whether the employee is capable of returning to light duty or full duty work, and what physical restrictions, if any, should be imposed on the employee, either temporarily or permanently.
   8. 8. Whether the employee has reached maximum medical improvement.
   9. 9. Whether the employee is able to return to the employee's former employment or is a candidate for vocational rehabilitation.
   10. 10. Whether the claimant is in need of continuing medical care, and if so, the type of continuing medical care needed.
   11. 11. The nature and extent of any permanent impairment.
   12. 12. An apportionment of injury causation.
   13. 13. Any other detailed factors upon which the physician's evaluation of permanent impairment is based.
3. C. Medical opinions addressing compensability and permanent impairment must be stated within a reasonable degree of medical certainty.
4. 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."
5. E. Except as provided in Rules 32 and 33, all written medical reports rating the extent of permanent impairment shall be prepared in substantial compliance with the appropriate edition of the AMA Guides, including approved deviations and exceptions to the Guides, as set forth in Rule 21.
6. F. Upon receipt of an adverse party's medical report or of a court-appointed 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. The objection to an adverse party's medical report must be made within ten (10) days after receipt of the report by giving written notification to all parties and attorneys of record in the case. The objection to a court-appointed physician's report must be made within five (5) days after receipt of the report by giving written notification to the Court, and 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 medical report. Within ten (10) days after the 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 were to a court-appointed physician's report, arrangements for the deposition and payment of such physician's costs shall be made as provided in Rule 36(D). Except in the case of court-appointed independent medical examiners, 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. [85 O.S., Section 17(A)(3)]. All other objections to the competency, relevancy and probative value of the medical report shall be raised at the time of trial or shall be waived.

Adopted by order of the Supreme Court,