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 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. 8. Whether the claimant has reached maximum medical improvement.
   9. 9. Whether the claimant is able to return to the claimant'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 existence or 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 concerning the existence or extent of permanent impairment must be supported by objective medical evidence of permanent anatomical abnormality, 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 permanently 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.
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. 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 the treating physician or an independent medical examiner, as prescribed in 85 O.S., Section 17 and these rules, 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 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.

6. F.

   1. 1. Within ten (10) days of receipt of the treating physician's or independent medical examiner's medical report, the party-recipient may object to the report on one or more of the following grounds, as applicable, by giving written notice to all parties and to the Court:

      1. a. object to the hearsay nature of the report and request cross-examination of the physician by deposition; or
      2. b. object to the treating physician's medical report and request the appointment of an independent medical examiner from the Court's list of qualified examiners on the grounds that the petitioner disagrees with the findings of the treating physician; or
      3. c. object that the findings of the independent medical examiner are unsupported by objective medical evidence. A prehearing conference for disposition of the objection by the assigned trial judge shall be scheduled upon the filing of a Form 13. The Form 13 shall be filed when the objection to the report is made. If the objection is sustained, the Court, for good cause shown, may give the independent medical examiner an opportunity to cure the defect.
   2. 2. The notice of objection shall recite the filing of a Form 13, if applicable. Unless the objection, including the request for cross-examination and any request for appointment of an independent medical examiner, 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 and any objection that the treating physician's or independent medical examiner's findings are unsupported by objective medical evidence.
   3. 3. All other objections to the medical report shall be raised at the time of trial or shall be waived.
7. 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 shall be made as provided in Rule 28(D). 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.
8. H. Upon receipt of a notice of objection to the treating physician's report on the grounds that the petitioner disagrees with the treating physician's findings, the Court shall set the objection on the Court's temporary issue docket, unless otherwise directed by the assigned trial judge, within fifteen (15) days on the issue of appointment of an independent medical examiner. The independent medical examiner shall submit a verified written report to the parties and to the Court on whether or not the treating physician's opinion is supported by objective medical evidence. If the independent medical examiner determines the treating physician's opinion is not supported by objective medical evidence, the report shall include the independent medical examiner's opinion on the issues.

Adopted by order of the Supreme Court,