IN RE: THE COURT RULES OF THE WORKERS COMPENSATION COURT - YEAR 2001 AMENDMENTS

IN RE: THE COURT RULES OF THE WORKERS' COMPENSATION COURT - YEAR 2001 AMENDMENTS
2001 OK 46
72 OBJ 1609
Decided: 05/29/2001
Modified: 05/30/2001
As Corrected: May 30, 2001

IN RE: THE COURT RULES OF THE WORKERS' COMPENSATION COURT - YEAR 2001 AMENDMENTS

SCAD -2001 - 40

For Publication in Oklahoma Bar Journal 3 times.
And
For Official Publication

ORDER

HARGRAVE, Chief Justice:

¶1 The Court Rules of the Workers' Compensation Court as amended and approved by that Court on the 13th day of April, 2001, having been submitted to this Court for its consideration, are hereby approved.

¶2 The new rules and amendments of the old rules are for official publication and shall become effective July 1, 2001.

¶3 A copy of the new rules and amendments to the old rules only shall be published in the Oklahoma Bar Journal three times.

¶4 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 29th DAY OF MAY, 2001.

¶5 HARGRAVE, C.J., WATT, V.C.J., HODGES, LAVENDER, SUMMERS, BOUDREAU and WINCHESTER, JJ., concur.

¶6 KAUGER, J., concurs in result.

¶7 OPALA, J., not participating.

COURT RULES OF THE
WORKERS' COMPENSATION COURT
PROPOSED CHANGES FOR CONSIDERATION BY THE
OKLAHOMA SUPREME COURT FOLLOWING ADOPTION BY THE
JUDGES OF THE WORKERS' COMPENSATION COURT
IN CONFERENCE ON APRIL 13, 2001

RULES 1 - 6: NO CHANGE

RULE 7.

APPEARANCE OF PARTIES

A. In all proceedings before the Court, including agreed settlements, the parties may appear in person, by counsel licensed to practice law in the State of Oklahoma, or by licensed legal interns. Corporate entities, limited liability companies, insurance companies and own risk employers may appear only by counsel. Only licensed attorneys, pro se litigants, and legal interns knowledgeable of the case may present instruments to a judge for signature, while the judge is on the bench.

B. Counsel who will appear before the Court on behalf of a party in any proceeding shall notify the Court of their appearance by filing an entry of appearance. An entry of appearance on behalf of the respondent shall be filed no later than ten (10) days after the respondent's receipt of a Form 3, 3-a, 3-b or , 3-e or 3-f which has been file-stamped by the Workers' Compensation Court. The entry of appearance for the respondent shall contain language stating whether the employer is an active member of a certified workplace medical plan in which the claimant is potentially enrolled.

C. The attorney of record for the claimant in a case shall be the attorney signing the first Form 3, 3-a, 3-b, 3-e or 3-f filed in the case. Any other attorney who files an Entry of Appearance on behalf of any party in the case or who is identified as substitute counsel pursuant to a notice of substitution of counsel shall also be considered an attorney of record. The Court shall send notices to all attorney(s) of record until a substitution of counsel has been filed or an Application for Leave to Withdraw as Counsel has been filed and granted by the Court pursuant to Rule 34(B). Various attorneys may appear before the Court in a matter, but notice shall be sent only to those attorneys who are an "attorney of record" as defined in this subsection.

RULE 8.

DISCOVERY AND ATTENDANCE

A. The Court's process shall be available to aid any party in pursuit of discovery and to compel attendance of witnesses. Subpoenas for the production of documentary evidence shall be obtained in accordance with Title 12 of the Oklahoma Statutes. A copy of any subpoena that commands production of documents and things or inspection of premises before trial shall be served on each party as provided in 12 O.S., Section 2004.1(B).

B. No depositions, interrogatories, interrogatory answers, requests for production of documents and things, requests for admissions, or responses thereto, shall be filed with the Court, except as ordered by the assigned judge. Discovery disputes may be resolved by filing a Form 13 requesting a prehearing conference.

C. The parties shall advise opposing parties of the desire to take depositions of all persons, excluding physicians, within twenty (20) days after a Form 9, or Form 10 or Form N has been timely filed. Parties who fail to complete depositions in a timely manner will be deemed to have waived their right to take a deposition, unless such failure is excused by the Court for good cause shown.

D. The Court may exclude the oral testimony or the verified or declared report of any physician whose report has been withheld from a party who has made timely written demand therefor.

RULES 8A, 9, AND 10: NO CHANGE

RULE 11.

FORMS - PREPARATION AND ADOPTION - USE

The Court shall prepare and adopt such forms for use in matters before the Court as it may deem necessary or advisable. Whenever Court forms are prescribed and are applicable, they shall be used. Printed copies of all forms may be procured in reasonable quantities upon request to the Clerk of the Court.

The following forms have been adopted by the Court:

Form 1-a: Notice and Instructions to Employers and Employees.

Form 1-b: Employer's Application for Permission to Carry Its Own Risk Without Insurance.

Form 2: Employer's First Notice of Injury.

Form 3: Employee's First Notice of Accidental Injury and Claim for Compensation.

Form 3-a: Claimant's First Notice of Death and Claim for Compensation.

Form 3-b: Employee's First Notice of Occupational Disease and Claim for Compensation.

Form 3-e:

Form 3-f: Employee's Claim for Benefits from the Multiple Injury Trust Fund.

Form 4: Attending Physician's Report and Notice of Treatment.

Form 4A: Attending Physician's Progress Report

Form 5: Physician's Release and Restrictions.

Form 6:

Form 7: Designation of a Service Agent.

Form 8: Acknowledgment by Employee of Receipt of Compensation Payment.

Form 9: Motion to Set for Trial.

Form 10: Answer and Pretrial Stipulation Offered by Respondent.

Form 10M: Response to Request for Payment of Charges for Medical or Rehabilitation Services.

Form 11: Motion to Terminate Temporary Compensation.

Form 13: Request for Prehearing Conference.

Form 14: Agreement between Employer and Employee as to Fact with Relation to an Injury and Payment of Compensation.

Form 17: Disclosure Statement.

Form 18: Request for Administrative Review of Medical Charges.

Form 19: Part I. Request for Payment of Charges for Medical or Rehabilitation Services.

Part II. Notice of Appeal of Administrative Order.

Form 20: Proof of Loss in Death Claim.

Form 93: Application and Order For Leave to Withdraw as Attorney of Record.

Form 99: Pauper's Affidavit.

Form 100: Application and Order for Dismissal.

Form 463: Application for Physicians Seeking Appointment as an Independent Medical Examiner.

Form 862: Application for Vocational Rehabilitation Evaluator.

Form N:

Appointment of Independent Physician or Rehabilitation Evaluator.

Joint Petition.

RULES 12 AND 13: NO CHANGE

RULE 13A.

CLAIMS AGAINST MULTIPLE INJURY TRUST FUND

A. A claim against the Multiple Injury Trust Fund shall be commenced by filing, in triplicate, an executed Form 3-f, Employee's Claim for Benefits from the Multiple Injury Trust Fund. The Form 3-f shall list each of the claimant's prior adjudicated claims, the date of each injury, the Court claim number and the percentage of disability awarded for each injury. If the claimant claims a pre-existing obvious and apparent disability, the disability shall be fully described on the Form 3-f, but no percentage of impairment need be included. A Form 9 shall be filed to request a hearing.

B. At the time of filing the Form 3-f, the claimant or the claimant's attorney shall certify that a true and correct copy thereof has been mailed to the Multiple Injury Trust Fund.

C. The notation on the Form 3 or 3-b that the claimant is a previously impaired person shall not be deemed to commence a claim against the Multiple Injury Trust Fund. The Form 3-f must be filed in the claim in which benefits are sought and shall use that same Court claim number.

D. The Multiple Injury Trust Fund shall file an answer within twenty (20) days from the date the Form 3-f is filed with the Court. A general denial or the failure to file an answer shall be taken as admitting all allegations made on the claim form except jurisdictional issues. All matters sought to be denied shall be pleaded affirmatively in the answer, or shall stand waived. No reply to the answer is required.

E.

1. A statement of whether the claim involves a material increase or permanent total disability, if the claim were filed before November 1, 1999, or, if filed after October 31, 1999, a statement that the claim involves permanent total disability;

2. The name of the rating physicians relied upon by claimant and respondent; and

3. The identity of a physician agreed upon by the parties for appointment by the Court, or if no agreement is reached, a statement that the parties have tried and are unable to agree upon an independent medical examiner.

RULE 13B.

CLAIMS AGAINST LAST EMPLOYER FOR COMBINED DISABILITIES

A.

B.

C.

D.

RULE 14.

COMMENCEMENT OF TEMPORARY COMPENSATION AND MEDICAL TREATMENT

A. Upon the receipt of notice that an employee has been injured, the employer has an obligation under the Workers' Compensation Act to provide that employee with reasonable and necessary medical treatment, and to commence temporary compensation in the event that the employee is disabled and unable to return to work for more than three (3) calendar days. It is not necessary for there to be any order of this Court directing the employer to provide these benefits. After notice of an injury, an insured employer may, at its own option, commence payment of temporary total disability to the claimant, for a period not to exceed four (4) weeks and may seek reimbursement as set forth in 85 O.S., Section 24.3. Advance payments of temporary total disability benefits made under 85 O.S., Section 24.3 or voluntary provision of medical treatment shall not constitute admission by the employer or the insurer as to liability, compensation rate or any other material fact.

B. The employer, insurance carrier or claims servicing company shall file a Form 6 within thirty (30) days after the employee has filed either a Form 3 or Form 3-b commencing a claim for benefits under the Act, and mail a copy thereof to all opposing parties.

C.

D.

RULES 15 AND 16: NO CHANGE

RULE 17.

DENIAL OF CLAIMS - DEFENSES

A. If the liability of any claim, including a claim for payment of health service care services or rehabilitation expense expenses (Form 19), or one against the last employer for combined disabilities, or against the Multiple Injury Trust Fund, is denied, the respondent or its insurance carrier must timely file a Form 10 or Form 10M as required under the provisions of Rule 14, under Rule 19 or Rule 24, as appropriate.

B. 1. A general denial or failure to timely file a Form 10 shall be taken as admitting all allegations in the claim form (Form 3 or Form 3-b) except jurisdictional issues; and

2.

RULES 18, 18A, 18B AND 18C: NO CHANGE

RULE 19.

MOTIONS TO SET AND PRETRIAL STIPULATIONS

A. Any party may request a trial on any issue by filing a Motion to Set for Trial (Form 9). When a Form 9 is filed on the issues of permanent partial disability (PPD) or permanent total disability (PTD), the claimant shall deliver a verified or declared medical report to opposing counsel. The name of the physician and the date of the report shall be noted on the Form 9. No Form 9 may be filed less than ten days from the date the claimant has filed a Form 3, 3-a, or 3-b with the Court. No Form 9 may be filed to request a trial on a Form 3-e claim against the employer for combined disabilities until the claimant's claim for compensation for the last compensable injury against the employer has been adjudicated or otherwise resolved.

B. All cases involving a request for temporary compensation and medical treatment shall be set by the Court on a temporary issue scheduling docket prior to the case being docketed for trial. At the time of the temporary issue scheduling docket, all parties, to the best of their ability, shall advise the Court and all parties of the number of witnesses expected to be called at the time of trial.

C. The procedure to request a trial for the termination of temporary compensation is set out fully in Rule 15.

D. In all cases, the respondent shall file a Form 10 or Form 10M no later than thirty (30) days after the Motion to Set for Trial was filed. The Form 10 or Form 10M may be amended at any time, not later than twenty (20) days prior to the date of trial.

E. No later than twenty (20) days prior to the date of trial, all parties shall exchange medical reports, all documentary evidence, exhibits and a complete list of witnesses with all opposing parties, unless excused by the Court for good cause shown.

F. Both the Motion to Set for Trial and the Pretrial Stipulations shall list the names of all witnesses, including any expert witnesses, which the party intends to call at the time of trial. Any witness not listed on the appropriate form shall not be allowed to testify. Failure to comply with this Rule shall result in the exclusion of the evidence submitted at the time of trial, unless excused by the Court for good cause shown.

G. Upon receipt of a Motion to Set for Trial (Form 9), the respondent may make arrangements for the claimant to undergo a medical examination by a physician of its own choosing. The claimant shall appear at such examination, provided the respondent has furnished the claimant with reasonable advance notice and statutory travel expenses. Mileage and necessary lodging expenses are limited to the provisions of the State Travel Reimbursement Act, 74 O.S., Section 500.1 et. seq. Meals will be reimbursed at the rate of six dollars ($6.00) per meal per four hours of travel status, not to exceed three meals per day. Travel expenses paid to the claimant shall include only expenses for travel from the residence of the claimant at the time of the examination, not to exceed 600 miles round trip. The respondent shall not be liable for travel which is wholly within the limits of the city or town of the claimant's residence. Exceptions to this subsection shall be at the discretion of the Court.

H. If the claimant refuses to appear at an examination by a physician of the respondent's choosing, the respondent may file a Form 13, Request for Prehearing Conference, requesting that claimant's Request for Hearing (Form 9 or Form N) be held in abeyance until the examination is completed. The Court shall docket the request for a Prehearing Conference, at which time, the claimant shall show cause why the case should not be held in abeyance. The Court, in its discretion, may assess the cost of the examination against the claimant refusing to appear for the examination. In addition, if the case is held in abeyance, the Court shall order that no compensation shall be payable for the period of such refusal.

I.

RULE 19A: NO CHANGE

RULE 20.

MEDICAL EVIDENCE

A. Expert medical testimony may be offered by:

1. A verified or declared written medical report signed by the physician;

2. Deposition; or

3. Oral examination in open Court.

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. A complete history of the claimant, including all previous relevant or contributory injuries with a detailed description of the present injury.

2. The complaints of the claimant.

3. The physician's findings on examination, including a description of the examination and any diagnostic tests and x-rays.

4. The date and cause of the alleged injury and whether, in the physician's opinion, it is job-related.

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. A finding which apportions the percentage of claimant's pre-existing permanent partial disability, if any.

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. Whether the employee has reached maximum medical improvement.

9. Whether the employee is able to return to the employee's former employment or is a candidate for vocational rehabilitation.

10. Whether the claimant is in need of continuing medical care, and if so, the type of continuing medical care needed.

11. The nature and extent of any permanent impairment.

12. An apportionment of injury causation.

13. Any other detailed factors upon which the physician's evaluation of permanent impairment is based.

C. 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."

D. 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 as set forth in Rule 21.

E. Medical reports concerning only the liability of Multiple Injury Trust Fund should comply only with paragraphs 1, 2 and 3 of subsection B of this Rule. Such reports shall be verified or declared as provided in subsection C of this Rule.

F.

RULE 20A: NO CHANGE

RULE 21.

AMA GUIDES

A. Except as otherwise provided in Rules 32 and 33, a physician's evaluation of the extent of permanent impairment shall be prepared in substantial compliance with the AMA Guides to the Evaluation of Permanent Impairment.

B. The Third Edition of the AMA Guides shall be used to rate permanent impairment as a result of injuries occurring on or after January 1, 1989.

C. The Third Edition Revised of the AMA Guides shall be used to rate permanent impairment as a result of injuries occurring on or after May 1, 1991.

D. The Fourth Edition of the AMA Guides shall be used to rate permanent impairment as a result of injuries occurring on or after November 1, 1993. When applicable, the 4th Edition of the Guides shall apply to examinations conducted through June 19, 1994.

E. The 4th Edition of the Guides with the following deviation shall apply to all examinations conducted on or after June 20, 1994: When determining spinal impairment, a physician shall not utilize the Injury or Diagnosis Related Estimates (DRE) models, including the DRE Tables, as set forth in Chapter Three, "The Musculoskeletal System."

F. The Physician Advisory Committee's recommendation for the adoption of the 5th Edition of the Guides in its entirety, except for the Diagnosis-Related Estimates (DRE) Method and the DRE tables set forth in Chapter 15, "The Spine," which was adopted by the Court Administrator on February 6, 2001, shall become operative as provided in 85 O.S., Sections 3 and 22, unless disapproved in whole by the Legislature during the 2001 legislative session.

G. The examining physician shall not follow the guides based on race or ethnic origin.

G.

H.

Injuries occurring prior to July 1, 1978 are to be evaluated based upon the claimant's ability to perform "ordinary manual labor."

Injuries occurring on or after July 1, 1978 through October 31, 1984 - First Edition.

Injuries occurring on or after November 1, 1984 through December 31, 1988 - Second Edition.

I.

RULES 22 THROUGH 29: NO CHANGE

RULE 30.

PROOF OF PRIOR ADJUDICATION

A. If, in the course of a litigated proceeding, a party desires to establish the fact of a prior adjudication either by the State Industrial Court, the Workmen's Compensation Court or by the Workers' Compensation Court, the proof thereof shall be made by offering a certified copy of the "judgment roll", rather than by offering the case file withdrawn from the record room. The judgment roll, as defined herein, shall consist of: (1) the notice of claim form (Form 3, 3-a, 3-b, 3-e or 3-f) and (2) the orders and awards made in the case.

B. Any other part of the case file in a previously adjudicated claim shall be offered in a similar manner.

RULES 31 THROUGH 40: NO CHANGE

RULE 41.

INDEPENDENT MEDICAL EXAMINERS - APPOINTMENTS

A. Qualifications. To be eligible for appointment by the Court to the list of qualified independent medical examiners and for retention on the list, the physician must:

1. be a licensed physician in good standing in Oklahoma or the state in which the physician practices. For purposes of these Rules, "physician" means any person licensed in Oklahoma as a medical doctor, chiropractor, podiatrist, dentist, osteopathic physician, or optometrist; any person licensed by another state who would be qualified to be a licensed physician under the laws of Oklahoma; and any person licensed as a psychologist, if the testimony of the psychologist is made under the direction of a medical doctor.

2. be highly experienced and competent in the physician's specific field of expertise and in the treatment of work-related injuries;

3. be knowledgeable of workers' compensation principles and the workers' compensation system in Oklahoma, as demonstrated by prior experience and/or education;

4. have in force and effect health care provider professional liability insurance from a domestic, foreign or alien insurer authorized to transact insurance in Oklahoma or in the state where the physician practices, if different from Oklahoma. The per claim and aggregate limits of the insurance must be at least One Million Dollars ($1,000,000.00). This insurance requirement shall not apply to physicians requesting their services under the independent medical examiner system to be restricted to providing opinions regarding the nature and extent of permanent impairment, if any, and/or opinions in claims against the last employer for combined disabilities or against the Multiple Injury Trust Fund;

5. have no felony conviction under federal or state law within seven (7) years before the date of the physician's application to serve as a qualified independent medical examiner;

6. have a valid Oklahoma State Bureau of Narcotics and Dangerous Drugs Control (BNDD) registration (or comparable registration from the state where the physician is licensed and practices if other than Oklahoma) and federal Drug Enforcement Agency (DEA) registration, as authorized by law for the physician's professional license; and

7. have a valid professional license as a physician which is not probationary.

B. Appointment. Appointment of physicians to the list of qualified independent medical examiners, and maintenance and periodic validation of such list shall be by a majority vote of the judges of the Court. Physician appointments shall be for a two-year period.

C. Application for Appointment. To request appointment to the list of qualified independent medical examiners, a physician shall:

1. Submit a signed and completed application Form 463 and a signed and completed physician disclosure Form 17 to the following address: Oklahoma Workers' Compensation Court, Medical Services Division, 1915 N. Stiles Avenue, Oklahoma City, Oklahoma 73105-4918. Illegible, incomplete or unsigned applications and disclosures will not be considered by the Division and shall be returned. A copy of the application Form 463 and physician disclosure Form 17 may be obtained from the Division at the address set forth in this paragraph;

2. Submit a current curriculum vitae, together with the application Form 463 and physician disclosure Form 17, to the Division; and

3. Verify that the physician, if appointed, will:

a. provide independent, impartial and objective medical findings in all cases that come before the physician;

b. decline a request to serve as an independent medical examiner only for good cause shown;

c. conduct an examination, if necessary, within thirty (30) calendar days from the date of the order appointing the examiner, unless otherwise approved by the Court, when necessary to render findings on the questions and issues submitted;

d. submit a written report to the parties and the Court within the time frame established as follows:

After review of the records and information, the completion of necessary examinations and/or additional tests, the independent medical examiner shall submit a verified or declared written report to the Court and to all parties, stating the examiner's medical opinion on the questions and issues submitted and providing a description of the opinions sufficient to explain the basis for those opinions. Where only a review of records and information is required, such report shall be submitted within fourteen (14) calendar days of receipt of all necessary records and information. If an examination and/or additional tests are required, such report shall be submitted within fourteen (14) calendar days of the completion of the examination or additional tests. If the independent medical examiner undertakes active treatment of the employee, the examiner shall provide the Court and parties with a progress report within two weeks of the initial examination, and thereafter, not less often than every thirty (30) calendar days;

e. accept as payment in full for services rendered as an independent medical examiner the fees established pursuant to Rule 44;

f. submit to a review pursuant to Rule 42 and 85 O.S., Section 17(D)(9);

g. submit annually to the Workers' Compensation Court written verification of valid health care provider professional liability insurance as and if required in subsection A of this rule;

h. notify the Workers' Compensation Court in writing upon any change affecting the physician's qualifications as provided in subsection A of this rule; and

i. comply with all applicable statutes and Court Rules.

D. Disclosure. As part of the application, the physician shall identify, on the physician disclosure Form 17, any employer, insurer, employee group, certified workplace medical plan, or representatives of any of the above with whom the physician is under contract or serves as a company doctor, or who regularly uses the services of the physician.

RULES 42 THROUGH 47: NO CHANGE

RULE 48.

NATURE AND EXTENT- ACCELERATED DOCKET

A. A claimant seeking a hearing on the accelerated docket for permanent partial disability may file a Form N when the only issue for consideration is the nature and extent of the claimant's permanent partial disability. A copy of the Form N shall be sent to all opposing parties. The Court may also consider the issues of overpayment and underpayment of temporary total disability or temporary partial disability, rate, continuing medical maintenance, request for commutation, request for vocational evaluation, and/or any other issues agreed to by the parties and approved by the Court.

B. A Form N jointly requested by all parties and containing the signatures of all parties will be docketed without the filing of a Form 9.

C. A respondent shall file a Form 10 in response to the Form N within thirty (30) days of the filing of the Form N, if no prior Form 10 has been filed.

D. Written objections to the setting of a case on the accelerated docket shall be sent to the assigned judge, with a copy sent to all opposing parties, no later than ten (10) days from receipt of the Form N. The written objection shall contain a specific statement regarding the basis of the objection.

E. In those cases where the deposition testimony is not completed by the date of hearing, objections to the hearsay nature of the written medical reports of the parties and independent medical examiner are waived. All objections to the competence and probative value of the parties' medical evidence and the report of the independent medical examiner shall be reserved and made at the time of trial.

F. Claimant waives Rule 19E (20-Day Rule) by filing a Form N. The parties shall exchange all medical reports as soon as possible, prior to the trial date.

G. The Form N procedures do not apply to Multiple Injury Trust Fund cases, permanent total disability cases or to cases in which compensability is denied.

RULES 49 AND 50: NO CHANGE

RULE 51.

PHOTOGRAPHS AND VIDEOTAPES

A. Videotapes, audio tapes and photographs offered at trial are "exhibits" and must be endorsed on pleadings and exchanged with all other parties at least twenty (20) days prior to the trial date, as specified in Rule 19(E)(F), unless a Form N is filed, in which case the 20-Day Rule is waived as provided in Rule 48(F). Videotapes, audio tapes and photographs are to be exchanged among the parties and not filed with the Court prior to the trial date.

B. The party sponsoring or offering a videotape, audio tape or photograph shall prepare and provide copies for all opposing parties at its expense.

C. An opposing party who receives a videotape, audio tape or photograph shall be deemed to waive any objection as to identification or authentication of such evidence, unless, within ten (10) days of receipt thereof, said party objects in writing to the sponsoring party.

D. A party may present a videotape, audio tape or photograph to the Court appointed independent medical examiner or Court appointed vocational evaluator for review only if approved by order of the Court, prior to the submission of the videotape, audio tape or photograph to the independent medical examiner or vocational evaluator. If presentation of such evidence to the independent medical examiner or Court appointed vocational evaluator is not by agreement of all parties, the party wishing to present same shall request a Prehearing Conference.

1. The charges of the independent medical examiner for reviewing videotapes, audio tapes or photographs for preparation of reports or at a deposition or for review in preparation for a deposition are subject to and controlled by Rule 44.

2. A party who obtains a Court order to present photographic, audio tape or videotape evidence to the independent medical examiner must provide copies of said evidence to all parties for their review at least three (3) days before presentation to the independent medical examiner.

E. If a party is found to have willfully violated the provisions of this rule, the Court may exclude the party's videotape, audio tape or photographic exhibits, the independent medical examiner's report and/or deposition, and may impose other appropriate penalties or sanctions requested by opposing parties.

RULES 52 THROUGH 55: NO CHANGE

RULE 56.

EFFECTIVE DATE