CCR §10608. Filing and Service of Physicians' Reports.

(a) After the filing of an Application for Adjudication, if a party is requested by another party or lien claimant to serve copies of physicians' reports relating to the claim, the party receiving the request shall serve copies of the reports on the requesting party or lien claimant within six (6) days of the request; the party receiving the request shall serve a copy of any subsequently-received physician's report within six (6) days of receipt of the report.

(b) A Declaration of Readiness to Proceed, a Declaration of Readiness to Proceed to Expedited Hearing, or an objection to either shall be accompanied by the physicians' reports that are in the possession or under control of the declarant. At the time of filing, it shall be the duty of the declarant to serve copies of physicians' reports that have not been previously served and that are in the possession or under the control of the declarant on all other parties and all lien claimants requesting service.

(c) Within six (6) days after service of the Declaration of Readiness to Proceed or Declaration of Readiness to Proceed to Expedited Hearing, all other parties and lien claimants shall serve upon the opposing parties copies of all reports of physicians that are in their possession or under their control, and that have not been previously served. All reports that have not been previously filed, and whose filing is not required by subsection (b), shall be filed at the next hearing.

(d) All physicians' reports that have not been previously filed shall be filed upon the filing of a compromise and release or stipulations with request for award.

(e) Any report filed in violation of this section may be discarded by the Workers' Compensation Appeals Board.

(f) X-rays shall not be transmitted to the Workers' Compensation Appeals Board except under a specific order directing their production.

NOTE

Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5001, 5502, 5703 and 5708, Labor Code.