Oregon Statutes 656.310 – Presumption concerning notice of injury and self-inflicted injuries; reports as evidence
(1) In any proceeding for the enforcement of a claim for compensation under this chapter, there is a rebuttable presumption that:
Terms Used In Oregon Statutes 656.310
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
(a) Sufficient notice of injury was given and timely filed; and
(b) The injury was not occasioned by the willful intention of the injured worker to commit self-injury or suicide.
(2) The contents of medical, surgical and hospital reports presented by claimants for compensation shall constitute prima facie evidence as to the matter contained therein; so, also, shall such reports presented by the insurer or self-insured employer, provided that the doctor rendering medical and surgical reports consents to submit to cross-examination. This subsection shall also apply to medical or surgical reports from any treating or examining doctor who is not a resident of Oregon, provided that the claimant, self-insured employer or the insurer shall have a reasonable time, but no less than 30 days after receipt of notice that the report will be offered in evidence at a hearing, to cross-examine such doctor by deposition or by written interrogatories to be settled by the Administrative Law Judge. [1965 c.285 § 40; 1969 c.447 § 1; 1981 c.854 § 21]
[Amended by 1953 c.428 § 2; 1965 c.285 § 44; renumbered 656.578]