Okla. Stat. tit. 85A, § 85A-72

Evidence.

A. Conduct of Hearing or Inquiry.

1. In making an investigation or inquiry or conducting a

hearing, the administrative law judges and the Commission shall not

be bound by technical or statutory rules of evidence or by technical

or formal rules of procedure, except as provided by this act. The

administrative law judges and the Commission may make such

investigation or inquiry, or conduct the hearing, in a manner as

shall best ascertain the rights of the parties.

2. Declarations of a deceased employee concerning the injury

may be received in evidence and may, if corroborated by other

evidence, be sufficient to establish the injury.

3. When deciding any issue, administrative law judges and the

Commission shall determine, on the basis of the record as a whole,

whether the party having the burden of proof on the issue has

established the proof by a preponderance of evidence.

4. Administrative law judges are required to make specific, on-

the-record findings of ultimate facts responsive to the issues

shaped by the evidence as well as conclusions of law on which its

judgment is to be rested.

B. Hearings to be Public - Records.

1. a. Hearings before the Commission shall be open to the

public and shall be stenographically reported. The

Commission is authorized to contract for the reporting

of the hearings.

b. The Commission shall, by rule, provide for the

preparation of a record of all hearings and other

proceedings before it.

2. The Commission shall not be required to stenographically

report or prepare a record of joint petition hearings. The

administrative law judge or legal advisor shall record the hearing

at no cost to the parties.

C. Introduction of Evidence.

1. All oral evidence or documentary evidence shall be presented

to the designated representative of the Commission at the initial

hearing on a controverted claim. The oral evidence shall be

stenographically reported. Each party shall present all evidence at

the initial hearing. Further hearings for the purpose of

introducing additional evidence shall be granted only at the

discretion of the hearing officer or Commission. A request for a

Oklahoma Statutes - Title 85A. Workers' Compensation Page 103

hearing for the introduction of additional evidence shall show the

substance of the evidence desired to be presented.

2. a. Any party proposing to introduce medical reports or

testimony of physicians at the hearing of a

controverted claim shall, as a condition precedent to

the right to do so, furnish to the opposing party and

to the Commission copies of the written reports of the

physicians of their findings and opinions at least

seven (7) days before the date of the hearing. If no

written reports are available to a party, the party

shall notify in writing the opposing party and the

Commission of the name and address of the physicians

proposed to be used as witnesses and the substance of

their testimony at least seven (7) days before the

hearing.

b. If the opposing party desires to cross-examine the

physician, he or she should notify the party who

submits a medical report to him or her as soon as

practicable, in order that he or she may make every

effort to have the physician present for the hearing.

3. A party failing to observe the requirements of this

subsection may not be allowed to introduce medical reports or

testimony of physicians at a hearing, except in the discretion of

the hearing officer or the Commission.

4. The time periods may be waived by the consent of the

parties.

D. Expert testimony shall not be allowed unless it satisfies

the requirements of Federal Rule of Evidence 702 with annotations

and amendments.