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:
(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]
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