Massachusetts Regulations 452.1.12

(2) On or after the filing of any claim or complaint, any party may serve on any other party, employer or medical provider rendering treatment to the claimant, a request to produce, and permit the party making the request to inspect and copy, any medical notes, treatment reports and employment records to include but not be limited to record of wages earned subsequent to the alleged injury.

(3) Any request submitted under 452 CMR 1.12(1) or (2) shall set forth the item or category of items to be inspected, and describe each item or category with reasonable particularity. Such request shall be accompanied by a statement providing the relevance of the requested information to the instant case. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. The party on whom the request is served shall respond in writing within five calendar days after service of the request. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated.

(4) On written motion of an appropriate party, the administrative judge to whom the case has been assigned may require, by the issuance of any order, that any request for discovery, including any request submitted under 452 CMR 1.12(1) or (2), be complied with. Failure to comply with said order without good cause may result in assessment of costs or penalties pursuant to M.G.L. c. 152, § 14.

(5) (a) At a hearing pursuant to M.G.L. c. 152, § 11 in which the conference appeal was filed prior to July 1, 1992, or in which the case does not involve a dispute over medical issues as defined in 452 CMR 1.02, or in which the administrative judge has made a finding under M.G.L. c. 152, § 11A(2) that additional testimony is required due to the complexity of the medical issues involved or the inadequacy of the report submitted by the impartial medical examiner, an administrative judge may authorize the taking of testimony of medical witnesses by deposition. An administrative judge shall authorize the testimony by deposition of the impartial physician. The impartial physician's testimony may not be taken prior to the first scheduled M.G.L. c. 152, § 11 or 11A(2) hearing date as applicable unless authorized by the administrative judge. The administrative judge's authorization of a pre-hearing impartial physician deposition must be in writing. In addition to the impartial physician's deposition, an administrative judge may authorize the submission of medical testimony by deposition on motion by a party or on the judge's own initiative. The required finding on medical complexity and/or inadequacy of the impartial physician's report may be made by the administrative judge prior to the first scheduled M.G.L. c. 152, § 11 or 11A(2) hearing date as applicable. Upon a written request of a party, the administrative judge may authorize such additional medical testimony after receipt of the impartial physician's report due to inadequacy of the report or the complexity of the medical issues involved. The administrative judge's authorization of additional medical testimony must be in the form of a written finding that such testimony is required due to the complexity of the medical issues involved or the inadequacy of the report of the impartial physician. Additional medical testimony may only be authorized pursuant to 452 CMR 1.00.

(b) Notice of the date, time, and place of the deposition shall be provided to all opposing parties by certified mail not less than seven calendar days before the deposition. The deposition shall be taken for use as medical evidence only and shall be admissible, in whole or in part, in proceedings before an administrative judge. No deposition of an impartial physician may exceed three hours without the agreement of all parties, including the physician, or unless authorized in writing by the administrative judge on a motion by a party. All depositions shall be submitted at the time requested by the administrative judge but no more than 60 calendar days from the close of lay testimony, provided that a party may motion the administrative judge for an extension for cause for no more than 30 calendar days. Any extension shall be authorized in writing by the administrative judge on motion by a party.

(c) Where an impartial medical examiner who has submitted his or her report is rendered unavailable, or makes him or herself unavailable for deposition, either party may file a motion seeking a ruling that the impartial medical examiner is unavailable. A ruling of unavailability shall mean the impartial medical examiner's report is inadequate and that additional medical evidence shall be allowed. Upon such a ruling, the administrative judge shall allow a reasonable extension of time for submission of such additional medical evidence, not to exceed 45 days. The impartial physician's submitted report, however, shall be admitted into evidence at the hearing and shall retain its prima facie character notwithstanding the finding of inadequacy.

(6) Medical witnesses shall be informed, before the taking of their testimony by deposition, of their right to read and sign a transcription of their testimony, or of their right to waive such reading and signing. All objections to questions and all motions relevant to testimony shall be set forth with particularity, and with the reasons in support thereof, and no administrative judge shall be required to rule on any objection or motion unless such reasons or statements have been made.