How does Medical, Vocational Rehab Evidence Work in Nebraska Workers’ Compensation Cases?

Compliance Corner

Did you know that the Nebraska Workers’ Compensation Court is not bound by the usual common law or statutory rules of evidence?

Accordingly, as Simply Research subscribers know, with respect to medical evidence on hearings before a judge of the WCC, written reports by a physician or surgeon duly signed by him, her, or them and itemized bills may, at the discretion of the court, be received in evidence in lieu of or in addition to the personal testimony of such physician or surgeon.

With respect to evidence produced by vocational rehabilitation experts, physical therapists, and psychologists on hearings before a judge of the WCC, written reports by a vocational rehabilitation expert, physical therapist, or psychologist duly signed by him, her, or them and itemized bills may, at the discretion of the court, be received in evidence in lieu of or in addition to the personal testimony of such vocational rehabilitation expert, physical therapist, or psychologist. A sworn statement or deposition transcribed by a person authorized to take depositions is a signed, written report for purposes of this rule.

A signed narrative report by a physician or surgeon, vocational rehabilitation expert, or psychologist setting forth the history, diagnosis, findings and conclusions of the physician or surgeon, vocational rehabilitation expert, or psychologist and which is relevant to the case shall be considered evidence on which a reasonably prudent person is accustomed to rely in the conduct of serious affairs. The Nebraska Workers’ Compensation Court recognizes that such narrative reports are used daily by the insurance industry, attorneys, physicians and surgeons, and other practitioners, and by the court itself in decision making concerning injuries under the jurisdiction of the court.

Any party against whom the report may be used shall have the right, at the party’s own initial expense, of cross examination of the physician or surgeon, vocational rehabilitation expert, or psychologist either by deposition or by arranging the appearance of the physician or surgeon, vocational rehabilitation expert, or psychologist at the hearing. Nothing in this rule shall prevent deposition or live testimony of the physician or surgeon, vocational rehabilitation expert, or psychologist.

Unless exceptional cause is shown and extremely unusual circumstances exist, all evidence shall be submitted at the time of hearing. If the original of a deposition is not in the possession of a party who intends to offer it in evidence at a hearing, that party shall give notice to the party in possession of it that the deposition will be needed at the hearing. Upon receiving such notice, the party in possession of the deposition shall either make it available to the party who intends to offer it or produce it at the hearing.

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