Introduced By: Reps. Dennigan, Wasylyk and Voccola
Date Introduced : January 22, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Section 28-35-21 of the General Laws in Chapter 28-35 entitled "Workers' Compensation--Procedure" is hereby amended to read as follows:
28-35-21. Admissibility of medical and wage records. --
{DEL The certified copy of the entire record in the pertinent
case of the patient in question of any hospital or sanatorium
in Rhode Island or elsewhere, the certification being made by
the advising officer or by any other person in charge of those
records, and subject always to the accrediting of the hospital
or sanatorium by the director, shall be admissible as evidence
in any workers' compensation proceeding; and, provided, further,
that the appearance at the hearing before a judge of the person
making the certification shall not be required. Those rules of
procedural and substantive evidence as defined in section 9-19-27
shall be applicable to proceedings before the workers' compensation
court. DEL} {ADD (a) The certified copy of the record of a licensed
health care facility as defined in chapter 17 of title 23 or of
any health care provider or medical personnel licensed to practice
under title 5 shall be admissible as evidence in any workers'
compensation proceeding. The determination of the admissibility
of such evidence shall be made pursuant to the provisions of Section
9-19- 27, Section 9-19-39 and the Rhode Island rules of Evidence. ADD}
{ADD (b) ADD} The contents of wage records of a claimant employee signed by his or her employer or by the person having charge of those records may be admitted in evidence in any workers' compensation proceeding.
SECTION 2. This act shall take effect upon passage.