Wyo. Code R. 053-0019-8
Workers' Compensation - Medical Commission
Chapter 8: Evidence
Effective Date: 06/07/1994 to 02/14/2003
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0019.8.06071994
(a) Generally, the taking of evidence at the medically contested case hearing shall be governed by W.S. 16-3-108 and case law thereunder.
(b) All testimony shall be given under oath or affirmation.
(c) Any part of the evidence may be received in written form, if doing so will facilitate the hearing without substantial prejudice to the interests of any party. If such written evidence would not be admissible under the Wyoming Rules of Evidence, all parties shall be afforded a reasonable opportunity to confront and cross-examine the author of the written evidence. Generally, such a reasonable opportunity is afforded by giving all parties written notice of the intent to introduce and rely upon the written evidence within a reasonable period of time prior to the scheduled evidentiary hearing.
(d) Documentary evidence may be received in the form of a copy or excerpt. Upon request, parties shall be given an opportunity to compare the copy with the original, if available. Documentary or physical evidence submitted for consideration shall be marked as exhibits.
(e) Irrelevant, immaterial or unduly repetitious evidence shall be excluded, without regard to whether such evidence is in verbal or written form.
(f) The law of privileged communication between health care provider and patient shall not apply. Health care providers may be required to testify under the provisions of W.S. 27-14-610.
(g) Notice may be taken of judicially cognizable facts, along with technical or scientific facts within the agency's specialized knowledge or information, provided the parties are properly notified of any material facts noticed.
(a) Subpoenas for appearance and to produce books, papers, documents or exhibits may be issued by the commission, upon written motion of any party, or on the commission's own motion, pursuant to W.S. 16-3-107(c).
(b) Subpoenas may be enforced pursuant to W.S. 16-3-107(c).